Legal Question in Veterans Law in Alabama

i recently took over finances for a soldier deployed in iraq through a power of attorney (POA). he has been deployed now a little shy of a year. after looking over all of his finances the previous person given POA never made mortgage payments and now his home has a foreclosure date, along with bad credit from several months of late and overdue payments. i realize a general POA enables that person to do just about anything but if it is not being exercised for its intended purpose which is to care for and maintain person property and financial obligations for the soldier then is there a way to hold them liable for abuse??? ive heard horror stories of this happening to many soldiers so my question is what type of protect is available for situations like this if any. the other POA has been revoked since then but that doesn�t help now with a years worth of bad credit and foreclosure to make up for, please help! advice would be greatly appreciated.


Asked on 11/19/09, 12:30 am

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

This is not a Veteran's question but rather a Probate or Contracts question. There are federal laws in place to protect Soldiers and Sailors from creditors during active duty, and the local JAG office can give you guidance there without cost to you. As for the POA question though, most POAs absolve their Agents from liability absent fraud. The mere nonaction does not constitute fraud. If the Agent was not compensated then I doubt you could even go with a breach of contract action. Ask the JAG lawyers if she/he has any free advice to give you here. I doubt there is much you can do to hold the Agent accountable absent a showing of fraud.

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Answered on 11/24/09, 10:22 am


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