Legal Question in Wills and Trusts in North Carolina

Illegal use of power-of-attorney

I gave a power-of-attorney to a friend while I was depolyed for military training. When I returned I found out that he took the POA to Time Warner Cable to have my services changed and cable box replaced so he could order Pay-Per-View movies. The POA DID NOT allow for this and it was not a General POA. I have requested that Time warner cable refund the monies due but they have refused. What do I do?


Asked on 1/05/02, 2:33 pm

1 Answer from Attorneys

Tate Davis Davis Elder & Disability Law Services

Re: Illegal use of power-of-attorney

You could potentially sue this "friend" for breach of fiduciary duty. Your agent has a duty to act in your best interests and cannot abuse his or her authority by taking actions for their own benefit. Without seeing the power of attorney, it would be difficult to determine whether the cable provider has any liability. However, third parties are generally permitted to rely on the authority of the attorney-in-fact (your agent). I would recommend that you contact a local attorney and see if the breach of fiduciary duty is worth pursuing. Of course, you may also be able to take action through the UCMJ if the agent is a military person.

Good luck.

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Answered on 1/06/02, 2:36 pm


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