Power of Attorney Abuse - Buyer Beware
A power of attorney can be used to delegate legal power to some other person. The main (the person granting the power of attorney) provides agent, also known as the attorney-in-fact, the authority to produce appropriate conclusions on his/her behalf, including handling bank accounts, real estate, and other assets.
The prospect of fraud exists in most power of attorney design, through illegal gifting, and home dealing, embezzlement. This fresh shatfordlaw slip and fall lawyers website has a pile of striking warnings for the meaning behind it. In a few circumstances, an estate will be significantly depleted by a power attorney holder, making the heirs of the main with little or no inheritance. Different ways when a power of attorney may be abused contain changing beneficiary designations on life insurance or annuities, and opening bank accounts with joint name or pay on death provisions in support of the agent.
The creation of a power of attorney might be questioned under the grounds of lack of capacity or the creation did not follow proper formalities. If a validly granted power of attorney has been abused from the agent, grounds may possibly exist to sue the agent for the return of embezzled house or for monetary damages. If the principal is still living at the time of the action, the principal can sue the agent immediately. In several situations, the energy of attorney abuse is part of a broader sample of elder abuse. If the principal has passed away from the time the power of attorney punishment has been found, the principal's estate or the intended recipients of the property could be ready to sue the agent for breach of fiduciary duty, tortious interference with estate planning, or a number of other causes of action.
As a result of potential for abuse with a power of attorney, their use should be limited. Discover additional info about find out more by visiting our tasteful paper. The instrument will be left by many persons creating a power of attorney with the drafting attorney until the conditions initiating the activation of the power have already been induced, such as for example the inability of the primary.. Identify more on this partner use with - Click here: www.shatfordlaw.com/practiceareas.aspx/ online. For different viewpoints, please check-out: partner site.