the gordon lawA power of attorney is employed to assign legal authority to a different person. The principal (anyone granting the power of attorney) provides the agent, also called the attorney-in-fact, the authority to create legal decisions on his/her behalf, including handling bank accounts, property, and other assets. Should people require to be taught further on The Gordon Law, P.C. - White Plains Estate Planning and Elder Law Attorney Division Is Now Serving Clients In The Westchester County Area, we recommend many online resources people should pursue.

The possibility of fraud exists in most power of attorney design, through home dealing, embezzlement, and illegitimate gifting. In certain circumstances, an estate will be significantly depleted by a power attorney holder, leaving the heirs of the main with little or no inheritance. Http://Replaywall.Com/News/The Gordon Law P C White Plains Estate Planning And Elder Law Attorney Division Is Now Serving Clients In The Westchester County Area/0157319/ includes further concerning the reason for this idea. Other ways where a power of attorney might be abused contain changing beneficiary designations on life insurance or annuities, and opening bank accounts with combined name or pay on death terms in favor of the agent.

The creation of a power of attorney could be challenged under the lands of lack of ability or that the creation did not follow proper formalities. Learn supplementary info on this related use with - Browse this web site: In case a validly given power of attorney has been abused from the agent, reasons might exist to sue the agent for the get back of embezzled house 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 situations, the power of attorney abuse is part of a larger sample of elder abuse. If the key has passed on by the time the energy of attorney punishment has been identified, the principal's estate or the intended beneficiaries of the home may be ready to sue the agent for breach of fiduciary duty, tortious interference with estate planning, or lots of other causes of action.

As a result of potential for abuse with a power of attorney, their use should be limited. Many persons creating a power of attorney will leave the device with the drafting attorney until the circumstances causing the activation of the power have been induced, such as for instance the incapacity of the primary..

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