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Any act that the agent completes for the principal in good faith is considered legal.

However, they can be sued if they act irresponsibly with the principal's assets or engage in self dealing. They can also be prosecuted. An attorney in fact under a power of attorney is subject to all laws that govern fiduciaries.

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12y ago
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14y ago

No. You are asking if you can sue under the powers of a Power of Attorney if you don't have any powers under a Power of Attorney. There would be no 'principal' if there wasn't a POA. You would not be the legal 'agent' and would therefore not have any legal standing to sue on their behalf.

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12y ago

An agent who acts contrary to the duties of an agent can be liable to the Principal or the Principal's successors in interest for the amount required to restore the value of the Principal's property to what it would have been had the violation not occurred.

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12y ago

An agent who acts contrary to the duties of an agent can be liable to the Principal or the Principal's successors in interest for the amount required to restore the value of the Principal's property to what it would have been had the violation not occurred.

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14y ago

There is personal liability only if the attorney-in-fact violates their office by such actions as co-mingling the principal's funds with their own, stealing, causing loss by wasting assets, incurring debt in the principal/s name, etc. Also, an attorney-in-fact may incur personal liability by not identifying themselves clearly as an attorney-in-fact when executing documents and carrying on the business of the principal. If the attorney-in-fact performs their duties according to the terms set forth in the POA and according to state laws that govern POAs there will be no personal liability.

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8y ago

It depends on what you are trying to do. If the grantor owes you money, you would sue him and his power of attorney would have to represent him.

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13y ago

No you can not.

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Q: Do you sue the power of attorney or the person he represents?
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