Power of Attorney Abuse - Buyer Beware

A power of attorney is used to delegate legal authority to a different person. The key (anyone granting the power of attorney) provides agent, also known as the attorney-in-fact, the authority to make appropriate decisions on his/her behalf, including property, handling bank records, and other assets.

The potential for fraud exists in every power of attorney agreement, through illegal gifting, and self dealing, embezzlement. In case you claim to dig up new resources on click here for, we recommend many libraries people can investigate. In a few situations, a of attorney holder can significantly strain a property, leaving the heirs of the principal with little if any inheritance. Different ways in which a power of attorney can be abused include changing beneficiary designations on life insurance or annuities, and opening bank accounts with joint title or pay on death procedures in favor of the agent.

The creation of the power of attorney could be challenged under the lands of lack of capacity or the creation did not follow proper formalities. In case people wish to discover more on chapter 7 lawyer los angeles, we recommend many online libraries people should pursue. If a validly granted power of attorney is abused by the agent, grounds might exist to sue the agent for the reunite of embezzled home or for monetary damages. The principal may sue the agent immediately, if the principal continues to be living at the time of the motion. In many circumstances, the ability of attorney abuse is part of a broader pattern of elder abuse. Get further on our favorite partner link - Click here: la bankruptcy attorney online. When the principal has passed on from the time the power of attorney punishment has been found, the principal's estate or the intended recipients of the house might be able 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 using a power of attorney, their use must be limited. Learn new information about chapter 7 lawyer in los angeles by visiting our dynamite paper. Many individuals making a power of attorney may keep the device with the drafting attorney until the conditions triggering the activation of the power have been triggered, including the incapacity of the primary..Westgate Law
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