Legal Question in Wills and Trusts in North Carolina

Does a person who has Power of Attorney over a person who owns a house, and a relative who has items stored there with permission, can they dispose of such items without notice.


Asked on 6/18/12, 11:59 am

1 Answer from Attorneys

A power of attorney allows an agent to do only what a principal could do if the principal were able to act for themselves, however, it would depend on how the power of attorney was written. Assuming that we are talking about personal property in general (cars, clothes, etc.), most powers of attorney will probably allow the agent to handle this.

So your question is really whether the principal could dispose of another person's property. The answer generally is no. However, you leave out many details.

The person whose property was stored did not necessarily have a right to store things indefinitely rent free. The person who was storing the items, if they needed space, should have written a letter and asked the other person to remove the items by a date certain or else they would be disposed of.

Since you indicate there was no notice and that things were presumably just tossed out without notice, when did this occur? The person whose stuff was stored may have a cause of action for conversion against the prinicipal and agent under the power of attorney if it occurred in the last 3 years. The person whose stuff was disposed of will have to establish a monetary value for the missing property.

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Answered on 6/18/12, 8:33 pm


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