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The answer is 'it depends'.

Accepting the role of power of attorney carries with it certain responsibilities and liabilities, most of the time, family members are appointed as attorney, and ordinarily it would not make sense for them to be paid. In my experience, no family member who has ever been appointed power of attorney has ever been paid.

Most of the time, is a lay person seeks payment, it is a ruse to cover up abuse of the attorney powers.

Professionals acting as attorney however, be they estate practitioners, solicitors, legal executives or financial advisers should be compensated for their time at the normal rate they would charge for their services.

Be that as it may, it is always a good idea to have one's estate planning including power of attorney set up by a suitably qualified and experienced professional - it is not unlike erecting a building, the importance of the foundation could not possibly be overstated. Part of the duty of the estate professional in setting up the power of attorney would be to describe and enumerate the conditions in which the attorney would act and the amount of remuneration [if any] to which the attorney would be entitled.

In short, the power of attorney's entitlement to payment would only exist if it were set out in the documents appointing the attorney.

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14y ago

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