Wills and Estates Law

Power of Attorney Compensation

The attorney is entitled to compensation, subject to the terms of your Power of Attorney. If the Power of Attorney does not specify the compensation or prohibit compensation, the attorney is entitled to receive compensation as follows:

  • 3 % of the money received
  • 3% of the money paid out on the grantor’s behalf; and
  • 3/5 of 1% of the average annual value of the person’s assets

Notably, a Power of Attorney who is paid is held to a higher standard of care than a Power of Attorney acting without compensation. The unpaid attorney is required to “exercise the degree of care, diligence and skill that a person of ordinary prudence would exercise in the conduct of his or her own affairs” while the paid attorney is required to “exercise the degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise.”

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