Steve-Bliss-Law-Probate-Lawyer

Steve Bliss Law San Diego Estate Planning Attorney Trust Attorney

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Power of Attorney

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A power of attorney is a composed document that gives a representative the legal authority to act for the principal who develops the power of attorney. This classification is for financial purposes, such as opening a bank account, composing checks, carrying out brand-new investments and conducting financial transactions. A power of attorney can provide someone the authority to sell another individual’s genuine property, open a claim on his or her behalf and receive certain kinds of income on behalf of the principal. This legal authority can be an important planning mechanism that enables someone to make financial decisions and perform monetary deals in case the principal can refrain from doing so for himself or herself whether briefly or completely.

Kind Of Power of Attorney Abuse Cases

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A power of attorney in the incorrect hands can result in a monetary predator stealing cash, moving properties or taking other adverse action against the principal. A power of attorney can bypass safeguards that monetary organizations carry out to secure their clients.

Legal Claims

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There may be a variety of legal claims that can develop in this context. It is often important for the individual to act quickly in order to protect his/her rights and reduce the possible financial repercussions. A few of the legal claims that may exist when a power of attorney is being mistreated include the following:

Breach of Fiduciary Duty

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A power of attorney designation creates a fiduciary relationship between the principal and the representative. In these situations, the representative owes the principal a responsibility to show the utmost care and diligence. He or she owes loyalty to the principal and must act in the principal’s best interests, not his/her own. State law might establish the various responsibilities that the representative owes to the principal, perhaps consisting of the right to keep the principal informed of monetary details that might impact him or her, alert of any self-dealing or depriving an individual gain from transactions and restrictions versus self-dealing in the principal’s property. If the agent breaks these tasks, the principal might have the ability to file a lawsuit based on the breach of fiduciary duty.

Conversion

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Another possible legal claim is conversion. This claim basically asserts that the representative has actually taken from the principal. Successfully litigating this type of case typically needs revealing that the representative used the principal’s property in a way irregular with his/her rights of ownership. Furthermore, the principal might have the task to demand the return of his/her property which the agent refused to return it.

Fraud

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In some cases, the legal claim might be that the representative lied about circumstances which triggered him or her to act or have the representative do something about it on his/her behalf that was unfavorable to his or her interests.

Elder Abuse

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Several states have laws related to senior abuse. In many cases, the state includes taking financial benefit of a vulnerable older in the statute. These may be criminal or civil laws with varying degrees of penalties, often leading to the possibility of charging a felony against the abuser.

Damages

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The quantity of compensation that a principal may have the ability to receive depends upon a number of aspects, such as the worth of the property taken, the agent’s conduct and state law.

Legal Help

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Individuals who think that their power of attorney is being mistreated or who are worried about an enjoyed one may want to discuss their case with a lawyer. A lawyer may have the ability to withdraw the power of attorney so that no more damage is done. He or she might have the ability to demand the return of stolen possessions or money and file a claim that alleges the suitable reason for action against the abuser.