Legal Question in Real Estate Law in Tennessee
Fraudulent Power of Attorney
A family member has produced a power of attorney for my mother, who is incompetent. With this power of attorney, he has been able to transfer funds to his name. What are the ramifications for this misconduct?
1 Answer from Attorneys
Re: Fraudulent Power of Attorney
#1. Regardless of Mom's mental state, the holder of a power of attorney is accountable for the assets of the principal. In other words, your mother can sue the stuffing out of anyone that uses a power of attorney to enrich him/herself.
#2. If Mom is in fact incompetent, then she can't sue by herself; someone has to be appointed as her guardian or conservator. Then that Guardian/Conservator can bring an action against the self-dealing agent to compel an accounting and disgorgement.
This message is not legal advice: if it were, it would come with an invoice. It is only for informaitonal purposes,does not create an attorney-client relationship, and should not be relied upon until and unless an attorney-client relationship is created.
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