Legal Question in Wills and Trusts in Texas

Misleading Power of Attorney

Two-years ago principal signed a durable poa, but was led to believe by agent that it was a limited poa for a specific task. Principal is still under the assumption that the poa was temporary, even when told otherwise (not by the agent of course). The agent has mislead the principal (who is now very elderly) and I'm afraid will try to use the poa for his own personal financial gains. What legal action can be done to revoke or dispute the doc?

Asked on 7/27/04, 12:04 pm

2 Answers from Attorneys

Michael Dover Michael A. Dover, PC

Re: Misleading Power of Attorney

The principal may revoke the power of attorney by signing a written revocation.

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Answered on 7/27/04, 12:17 pm

Loyd Wright Loyd H. Wright

Re: Misleading Power of Attorney

You can sue the principal under many theories if he has improperly or fraudulently received assets, including breach of fiduciary duty, conversion, fraud, undue influence, lack of capacity. In conjunction with this you might seek a guardianship if the individual has lost capacity, either partially or totally. If the individual has lost capacity then any instrument they sign thereafter is probably not be valid.

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Answered on 7/27/04, 12:58 pm

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