Abuse of Power of Attorney
A Philadelphia abuse of power of attorney lawyer is there to answer your questions if you believe that a person appointed as an agent did not uphold his or her legal responsibility. A Philadelphia abuse of power of attorney legal representative is your advocate when you have to show in court that the power of attorney agent violated his or her responsibilities. Agents who are acting under durable powers of attorney are unfortunately in a position to abuse those powers.
While many people existing as an agent under a power of attorney never abuse them, vulnerable elderly principals could be taken advantage of by the very individuals that they are appointed by in this important role of trust. An agent can breach his or her fiduciary duty to the principal if the power is used to convert the funds for the agent's personal benefit. This goes beyond ethical issues and is also a crime.
When power of attorney agent abuse is raised by a person who is close to the principal, it is important for this individual to have sufficient evidence to show to the court. Unfortunately, when a person is granted unlimited authority, greed can overcome their potential for goodness. It can be very difficult to tell how many times powers are abused because no one for sure knows how many power of attorney documents exist. You should have all these materials gathered and organized before lodging an official complaint; general distrust of the POA agent in and of itself is not enough to bring a claim. You need strong evidence.
It often falls to the person who is alleging power of attorney abuse to gather appropriate evidence and to share this with the court. Probate judges are the only people who can evaluate whether or not an agent under a power of attorney has violated his or her legal responsibility. If that power of attorney agent has taken funds for their personal benefit or has not acted in accordance with the principles over all best interests, this information can be used to lodge a lawsuit. It is important to understand in these cases that because you are making significant allegations against a person's professional character and their personal reputation, that you will bear the burden of proof in showing this in court. You must be able to illustrate clear evidence that shows that the person appointed as the agent under the power of attorney has violated his or her legal responsibilities.
Simply being frustrated with the manner in which the power of attorney agent has handled the principal's affairs in a legal or financial capacity is not grounds in and of itself to bring forward a legal claim. Rather you must be able to show that the power of attorney agent far exceeded their fiduciary duty by either neglecting it or carrying out actions that were in the agent's best interests or a third party's best interests, while harming the overall principal.
It can be very difficult to move forward with a case like this, and that is why your legal claim should only be handled by a knowledgeable attorney in Philadelphia who has successfully challenged other power of attorney agent appointments and had these power of attorney agents removed when their behavior was not in line with legal requirements. In all of these complicated cases, it imperative to have an attorney who knows the ropes and one who can act quickly to pull together the necessary evidence to demonstrate the strength of your case.