Legal Question in Wills and Trusts in Virginia
Form Power of Attorney
is a ''form'' power of attorney which has places for you to
initial in duties legal in Virginia? This form was purchased from Office Max. It does not give anything specific ex. ( ) real estate tranactions ( ) business
transactions ( ) gifts the person using this power of
attorney did not use the one drawn up my our fathers attorney instead she bought this one and when a handwriting expert came to examine it the defendant had it
laminated. While alive my father was shown a copy of this
and he said he did not remember signing it and those were
not his initials. please help
2 Answers from Attorneys
Re: Form Power of Attorney
A power of attorney form containing the necessary language which is properly executed by the principal may be legal and effective in Virginia. This does not mean the one you described is legal and effective. Your father should immediately consult with a Virginia lawyer, allow the lawyer to examine the actual instrument in question, and discuss the circumstances which lead your father to believe that the instrument was forged. Your fact pattern certainly demonstrates one of the risks of using the type of form you describe where initials may be more easily forged on a form than a whole signature at the end of an original power of attorney.
Re: Form Power of Attorney
You would be well advised to arrange for a consultation regarding this matter with an attorney appropriately knowledgeable in the areas of wills, estates and powers of attorney.
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