Legal Question in Business Law in Georgia

money

If I gave someone power of attorney over all of my finaces and banking and they spent money other than what I intended them or on themselves and I have less money than I am suppose to What can I do about that legally?


Asked on 5/24/05, 11:12 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: money

You can sue the person for breach of a fiduciary duty. This is too complicated to explain in this type of format. You should consult with a local attorney.

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Answered on 5/25/05, 11:00 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: money

I see two potential causes of action, 1) breach of fiduciary duty, as Mr. Field pointed out, which is a breach of a special duty owed to you by the person holding power of attorney; and 2) breach of the power of attorney itself. However, this would only apply if the power attorney limited the powers of the person holding power of attorney and they went beyond those powers.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 5/25/05, 1:53 pm


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