0
Is Power of attorney given to agent to benefit himself is enforceable?
Wiki User
∙ 14y ago
Self-dealing by an attorney-in-fact is a violation of the law. You should consult with an attorney who can review the situation and explain your options. The POA should be revoked by the principal immediately. Any institution where the terminated attorney-in-fact could use the POA to access the principal's assets should be notified of the revocation of the POA in writing. If the POA was recorded in the land records so the AIF could handlereal estate matters then the revocation must also be recorded. To be very careful a notice should be published in the legal notices. If the AIF has converted property to his/her own use the matter should be reported to the local DA for possible criminal charges. The principal could also bring a civil suit to regain any stolen property. The principal can appoint new attorney-in-fact immediately.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
How enforceable is a poa when step children are involved on both sides but only one of them have power of attorney?
A person (the principal) can grant a Power of Attorney to any person (the attorney-in-fact) they choose and trust. That POA is between the principal and their attorney-in-fact. There is no question about it being "enforceable". It remains in force until it has been revoked by the principal. Other family members have no rights regarding the POA whatsoever.
Can you get a loan in your fathers name if you are his power of attorney?
A Power of Attorney is not granted for your benefit. You have been granted the power to sign for your father in his legal matters and at his direction. You cannot use that power to benefit yourself unless it is at the express request of your father. If you use your power to create a debt in your father's name without his permission and intended to benefit you, you can be prosecuted. The law does not look kindly on people who misuse their fiduciary powers and positions of trust.
As power of attorney for my mom but not my dad can she sell me her house and vehicles which they own jointly for a dollar?
Dad is going to have to sign off also. When you have power of attorney for someone, you have to avoid the situation where you sign something to your benefit.
Can a Power of Attorney change the beneficiary of his mother's life insurance policy to himself?
Absolutely Not!
What happens to the land which the land owner sells by excuting a special power of attorney with sale consideration given to the purchaser. Can the purchaser claim the title?
If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.
Is it fraud for a power of attorney to take out a home loan?
If the home loan can be proven to be to the benefit of the principal then there should be no problem. If it is to the benefit of the agent alone then the matter has to be investigated.
Can an attorney notarize a power of attorney document as a notary if said attorney is to be the attorney in fact pursuant to that document?
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
Can a person in the UK with power of attorney use funds or convert property for personal benefit?
I live in Canada, and it should be the same there as it is here. If you have power of attorney over someones funds, you have the authority to do so with those funds as has been given you under that authority, but there are many ways that one can benefit from doing so, but you can't take anything that isn't yours to take from a paticular person or their estate unless it has been agreed to when you entered into the power of attorney!
Power of attorney or Powers of Attorney- Which one is the correct?
power of attorney.
What movie and television projects has Geoffrey Fieger been in?
Geoffrey Fieger has: Played Himself - Turner Family Attorney in "Good Morning America" in 1975. Played himself in "Everyman" in 1977. Played himself in "Talked to Death" in 1997. Played himself in "Power of Attorney" in 2000. Played himself in "Right to Exit" in 2004.
Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
