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A power of lawyer is utilised to delegate legal authority to one more person. The principal (the individual granting the power of lawyer) provides the agent, also recognized as the lawyer-in-truth, the authority to make legal decisions on his/her behalf, which includes handling bank accounts, actual estate, and other assets. The prospective for fraud exists in each and every power of attorney arrangement, by way of self dealing, embezzlement, and unlawful gifting. In some scenarios, a power of attorney holder will substantially deplete an estate, leaving the heirs of the principal with little or no inheritance. Other methods in which a power of attorney can be abused include altering beneficiary designations on life insurance coverage or annuities, and opening bank accounts with joint title or pay on death provisions in favor of the agent. The creation of a power of attorney can be challenged below the grounds of lack of capacity or that the creation did not follow proper formalities. I discovered [http://www.lattanzilaw.com/ real estate litigation] by searching Google. If a validly granted power of lawyer has been abused by the agent, grounds may exist to sue the agent for the return of embezzled house or for monetary damages. Clicking [http://www.lattanzilaw.com/ official site] possibly provides suggestions you might tell your dad. If the principal is nonetheless living at the time of the action, the principal can sue the agent directly. Should people require to identify more on [http://www.lattanzilaw.com/ real state lawyers] , there are lots of databases you should consider investigating. In several scenarios, the power of lawyer 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 in a position 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 potential for abuse with a power of lawyer, their use should be restricted. Visit [http://www.lattanzilaw.com/ hartford ct attorneys] to check up why to ponder this viewpoint. Many persons developing a power of lawyer will leave the instrument with the drafting attorney until the circumstances triggering the activation of the power have been triggered, such as the incapacity of the principal.The Law Offices of Gregory T. Lattanzi, LLC 45 Court Street Suite 1 New Haven CT 06511 (203) 772-3000
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