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Can I Sue My Ardmore Pa Power of Attorney? – Intro
I explained in Ardmore Pa Powers of Attorney Lawyers that Wayne Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. A Wayne Pa Power of Attorney can grant broad authority or be very limited in scope. Unfortunately, there is so much fraud involved in their usage today.
Can I Sue My Ardmore Pa Power of Attorney? – Challenge
I have explained in Ardmore Pa Beneficiary Lawyers, I have represented thousands of beneficiaries during my decades as an Estate Attorney. I can provide the necessary advice to protect your rights in nearly any Pa Estate, Pa Trust, and/or Pa Power of Attorney planning matter. If you suspect that a Pa Last Will, a Pa Trust, and/or a Pa Power of Attorney does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court via a Wayne Pa Model Court Accounting. As I stated – and I cannot emphasize this enough – the fraud virtually amounts to outright stealing.
Can I Sue My Ardmore Pa Power of Attorney? – Document Purposes
A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs. Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare.
It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away). Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
Can I Sue My Ardmore Pa Power of Attorney? – Fiduciary Traits
- Your Agent should be able and willing, first and foremost.
- Your Agent should also be levelheaded and familiar.
Can I Sue My Ardmore Pa Power of Attorney? – Common Misconceptions
A common misconception is that a Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.” After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.
Another common misconception is that your Agent needs your permission to act. Quite to the contrary, a Power of Attorney is a very powerful document. It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).
A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one. However, generally speaking, powers of attorney address three main areas of concern:
Can I Sue My Ardmore Pa Power of Attorney? – Notice Provision Requirement
The following shows – in capital letters – what is required by a Wayne Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT’S FUNDS.”
Can I Sue My Ardmore Pa Power of Attorney? – Acknowledgement Provision Requirement
Again, the following shows – in capital letters – what is required by a Wayne Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY FUNDS.”
Can I Sue My Ardmore Pa Power of Attorney? – Accountings by Agents, Powers of Attorney
A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.
Can I Sue My Ardmore Pa Power of Attorney? – Assembling, Submitting and Defending Accountings
If you served as an Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.
Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.
Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Probate and Estates Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.
Can I Sue My Ardmore Pa Power of Attorney? – Compelling A Wayne Pa Agent To Account
Are you are an interested person who believes an Pa Agent has abused their powers? If so, you may have your experienced Probate and Estates Accounting Lawyer file a Petition forcing the Agent to file a Formal Accounting.
Once filed, the interested parties may Contest and Object to the Accounting. If the judge believes the Agent’s actions wrongfully reduced the estate, then the judge may surcharge the Agent. If the Agent cannot recover the funds, the Agent must replenish the estate with the Agent’s own funds.
Can I Sue My Ardmore Pa Power of Attorney? – Accountings by Agents, Powers of Attorney
A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.
Can I Sue My Ardmore Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents
If you served as a Wayne Pa Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.
Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.
Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.
Can I Sue My Ardmore Pa Power of Attorney? – The Pa Statute
In Pennsylvania your duties as agent are specified in the Probate, Estates and Fiduciaries Code. The specific section can be found at Title 20, Chapter 56, Powers of Attorney. Although this section contains all of the rules that apply to Pa Powers of Attorney, the areas I am focusing on in this post are your duties that apply to you as a Pa Agent.
Section 5601.3 of the law (20 Pa. C.S.A. §5601.3) lays out your duties when you are acting as someone’s agent under a Pa Power off Attorney.
- (a) General rule.–Notwithstanding any provision in the power of attorney, an agent that has accepted appointment shall:
- (1) [ … ]
- (2) Act in good faith.
- (3) [ … ]
- (b) Other duties.–Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
- (1) Act loyally for the principal’s benefit.
- (1.1) Keep the agent’s funds separate from the principal’s funds unless:
- (i) the funds were not kept separate as of the date of the execution of the power of attorney; or
- (ii) the principal commingles the funds after the date of the execution of the power of attorney and the agent is the principal’s spouse.
- (1.1) Keep the agent’s funds separate from the principal’s funds unless:
- (2) [ … ]
- (3) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances.
- (4) Keep a record of all receipts, disbursements and transactions made on behalf of the principal.
- (5) [ … ]
- (6) [ … ]
- (1) Act loyally for the principal’s benefit.
Although I omitted a few provisions of Section 5601.3, the focus of this post was to explain that commingling of assets will most likely create many problems for you. And be sure you read the power of attorney document and understand your duties and responsibilities before you start to act on behalf of your principal. If there is anything you don’t understand, get legal advice up-front not after the fact.
Can I Sue My Ardmore Pa Power of Attorney? – Conclusion
Pennsylvania law provides that Pa Agents can be called to account for their actions under Pa Powers of Attorney. You may have financial liability if you are unable to adequately demonstrate the propriety of your actions.
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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
