AARP Iowa encourages seniors to learn about new power of attorney act

DES MOINES - Anthony Carroll has heard the horror stories of seniors being victimized by power of attorney abuse.

In one case, a family member used power of attorney to purchase a $100,000 combine, said Carroll, the associate state director of advocacy for AARP Iowa. Carroll said he has heard of nursing home residents who are robbed by a power of attorney agent but still do not qualify for Medicaid.

That's why AARP Iowa is educating seniors about the state's new law that was designed to address power of attorney fraud, abuse and other issues. The organization on Wednesday announced a new program to provide information to seniors statewide.

'AARP advocated passage of the Uniform Power of Attorney Act as the most important measure Iowa could use to combat the devastating problem of financial exploitation of elders,” AARP state president Tony Vola said in a news release. 'We're now looking forward to helping Iowans better understand the law so that it can work for them.”

A power of attorney is a legal document that grants authority to an individual to make financial decisions on behalf of another person, commonly someone who has become unable to make such decisions for himself or herself.

The new law makes it easier for an individual to create a power of attorney, educates agents as to what powers are granted and aims to prevent and address fraud and abuse by providing a clear legal process for complaints.

'One of the things that the law provides is it allows judicial review of a power of attorney to make sure it's being implemented appropriately, and if there's some issues there or some questions, it allows the court system to get involved to stop potential abuse of activity going on,” Iowa Rep. Chip Baltimore, R-Boone, said Wednesday. 'It also puts some preventive measures in there, saying you can't do x, y or z anymore.

'That's, I think, one of the key features that allowed the formal action to be taken to stop any potential abuse that's out there and make sure that things are done appropriately.”

AARP credited Baltimore and Iowa Sen. Rob Hogg, D-Cedar Rapids, with guiding the legislation to passage during the 2014 session. Hogg and Baltimore chair their respective bodies' judiciary committees.

AARP will conduct an outreach and education campaign to help seniors understand the new law and their options. Carroll said that will include providing programs and information in various Iowa cities. He said the information also can be found on the organization's website at states.aarp.org/category/iowa.

'Passing legislation by the Legislature, having the governor sign it into law, that's not enough. It has to be effectively implemented,” University of Iowa College of Law professor Josephine Gittler said. 'And that means educating Iowans about how to use the act to create valid powers of attorney.”