Legal Question in Criminal Law in Alabama

What legally does the power of attorney do?

I have a uncle who had a stroke 6 years ago, after his divorce (masacure) he was awarded only 20000, his daughter got power of attorney and took his money, left him in a house that has only one liveable room, does pay util or suppyl food for him, she went to the bank and got a loan on his house and has not paid the note, now he was gave a 30 day notice from bank to get out, while they live down the road in a house paid for by his money. Is this not a criminal act that something can be done about it. Or God help us all when we got old or have a life changing health problem. Also his business was his name, Garys heating and air, his son still use this name, is this legal? Can a divorce be set aside twice? There was so many questions left unanswered in his divorce, is there any one who can help, he has no money and in 30 days no house.


Asked on 11/09/05, 9:40 pm

1 Answer from Attorneys
VEDANT VYAS V.V.ATTORNEYS

Re: What legally does the power of attorney do?

HI,I Read abt ur uncle,as he did the power of attorney,there are certain types of power of attorneys,either you can be a power of attorney for the maintenance of his property or to do all the transactions what he is entitled,so we need to check of what type exactly he did the power of attorney.now as she took a loan against that home,it means either she is the owner of the house or she did some wrong thing to get the loan passed from the bank.this is definately a criminal act & for the same you can register one offence of cheating to the police stating that u were not knowing that any such a kind of loan is being taken by any of the dependents nor the power of attorney.also for his illness or any old aged problems he can claim the maintenance according to the indian family law to his daughter & son if he is unable to earn his bread & butter.it is his constitutional right .also your uncle can claim to the appropraite authorities that he is not doing the business & now he is not having any relation & economical benifit from it so i need to close it down or i want to sell the said property.after all:-he can only claim the maintenance from his daughter & son,as well he can sell or close doen the shop what he is owning or on his name.also ask him to get the power of attorney to end or to end it in the appropriate court....o.k.....bye & take care.request the bank for the same.....vedant v.vyas

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Answered on 11/10/05, 5:45 am


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