Power of Lawyer Abuse - Buyer Beware

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A power of attorney is employed to delegate legal authority to one more litigation attorneys individual. The principal (the individual granting the power of lawyer) provides the agent, also known as the lawyer-in-truth, the authority to make legal choices on his/her behalf, including handling bank accounts, actual estate, and other assets.

The possible for fraud exists in each power of attorney arrangement, by way of self dealing, embezzlement, and unlawful gifting. In some circumstances, a power of lawyer holder will significantly deplete an estate, leaving the heirs of the principal with little or no inheritance. Other approaches in which a power of attorney can be abused contain altering beneficiary designations on life insurance or annuities, and opening bank accounts with joint title or spend on death provisions in favor of the agent.

The creation of a power of attorney can be challenged under the grounds of lack of capacity or that the creation did not follow appropriate formalities. If a validly granted power of attorney has been abused by the agent, grounds could exist to sue the agent for the return of embezzled home or for monetary damages. If the principal is nonetheless living at the time of the action, the principal can sue the agent directly. In numerous situations, the power of attorney abuse is portion of a broader pattern of elder abuse. If the principal has passed away by the time the power of attorney abuse has been found, the principal's estate or the intended beneficiaries of the house may be able to sue the agent for breach of fiduciary duty, tortious interference with estate organizing, or a quantity of other causes of action.

Due to the possible for abuse with a power of attorney, their use must be restricted. Many persons creating a power of attorney will leave the instrument with the drafting attorney until the conditions triggering the activation of the power have been triggered, such as the incapacity of the principal.The Law Offices of Gregory T. Lattanzi, LLC
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