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The answer depends on the nature of the power of attorney and what you mean by 'exclude'. Generally, a Durable Power of Attorney gives the attorney-in-fact the power to sign legal documents and carry on all the business of the principal even if the principal becomes incapacitated and as long as the principal is living. The POA expires upon the death of the principal.

The document that created the POA should recite the powers that are granted and many powers are provided by state law. If during the course of performing their duties and exercising their power the AIF exceeds their authority, they may be liable for any damages suffered by the principal or others. If you think the AIF is acting in a way that exceeds their power you should consult with an attorney who can review the situation and advise you of your options.

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15y ago

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