Power of Attorney Abuse – Buyer Beware

Power of Attorney Abuse – Buyer Be careful

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A power of lawyer is used to entrust legal authority to another individual. The principal (the person giving the power of lawyer) gives the agent, also called the attorney-in-fact, the authority to make legal choices on his/her behalf, consisting of dealing with savings account, property, and other properties.

The capacity for fraud exists in every power of lawyer arrangement, through self dealing, embezzlement, and illegal gifting. In some scenarios, a power of lawyer holder will considerably diminish an estate, leaving the successors of the principal with little or no inheritance. Other methods which a power of attorney can be abused include altering beneficiary designations on life insurance coverage or annuities, and opening checking account with joint title or pay on death arrangements in favor of the representative.

The development of a power of lawyer can be challenged under the premises of lack of capability or that the development did not follow correct rules. If a validly granted power of attorney has actually been abused by the agent, grounds may exist to sue the agent for the return of embezzled home or for financial damages. If the principal is still living at the time of the action, the principal can sue the representative directly. In many scenarios, the power of lawyer abuse is part of a broader pattern of senior abuse. If the principal has died by the time the power of attorney abuse has actually been discovered, the principal’s estate or the intended recipients of the residential or commercial property might be able to sue the agent for breach of fiduciary responsibility, tortious disturbance with estate planning, or a variety of other causes of action.

Due to the capacity for abuse with a power of lawyer, their use ought to be restricted. Many persons developing a power of lawyer will leave the instrument with the drafting lawyer till the conditions setting off the activation of the power have actually been activated, such as the incapacity of the principal.