Posted On: December 5, 2012 by Duncan H. Adams

ATLANTA FIDUCIARY AND PROBATE LAW FIRM SEES RISE IN POWER OF ATTORNEY MISUSE, ABUSE, AND FRAUD

As an Atlanta, Georgia, power of attorney litigation lawyer, I have seen a sharp rise in the number of cases dealing with the misuse of a power of attorney or other similar document. Most times, the fiduciary lawyers at our Firm see the misuse and abuse of a Georgia power of attorney committed against the elderly, incapacitated, and other persons who tend to be trusting, in need of help and/or suffer from some mental disorder, cognitive disability, or laboring under circumstances, which make them easily influenced or coerced.

A power of attorney is an authoritative document and brings with it the ability to act on behalf of someone else; usually without his or her presence or any questions asked. A Georgia power of attorney is relatively easy to establish over a person. The person who gains and holds the power of attorney is referred to as the attorney-in-fact or agent. These forms can be purchased for a few dollars from a “legal document information company,” downloaded over the internet, bought in an office supply or other such store, and even found over the web for free.

The Georgia power of attorney document can be easily secured, signed by the trusting, gullible, eager to please, or even forged. Furthermore, once an “attorney-in-fact” has a Georgia power of attorney, there are relatively few security measures in place to prevent these documents from being used without any questions asked. This is the case with many banks, credit unions, credit card companies, businesses, financial institutions, mortgage companies, or other businesses.

The fiduciary litigation lawyers at our Firm have found that many persons acting as an attorney-in-fact or agent pretend to act as if they are helping someone else, when they are only helping themselves to the money and assets of another trusting person. They are also spending monies that otherwise would go into the estate of the person who gave the power of attorney and defrauding the rightful heirs or beneficiaries assets which “would have been in the estate,” but for the misuse, fraud and abuse. It is important to know a power of attorney, brings with it a fiduciary duty to act in the best interest of the person giving the power of attorney. If the attorney-in-fact or agent is acting in his or her best interest or without the best interest of the person giving the power of attorney, they are acting breach of their fiduciary duty and in breaking Georgia law. They must be stopped before too much damage is done!

Our Firm asks that you look out for your loved ones and the following circumstances:


• Overly Trusting Person Giving Power of Attorney

• Sudden Change in Financial Circumstances

• Sudden Change in Behavior – (Especially Emotional or Worrisome Thoughts or Actions)

• Need for Money by Attorney-in-Fact or Agent

• Mental Illness such as Dementia, Alzheimer’s or Other Mental Disorder

• Inability Care to for Self

• Coercion (by Family, Friends or Others)

• Duress

• Undue Influence

• Lack of Capacity

• Incompetence

• Fraud

• Other Suspicious Circumstances

The reason I am writing this article is to tell you that there are many ways to prevent, stop, and recover the damages caused by the misuse of a Georgia power of attorney. Our Atlanta fiduciary litigation law Firm specializes in Georgia power of attorney litigation. We can assist you in preventing fraudulent use of a power of attorney by an attorney-in-fact or an agent. We can also represent you against persons who have wrongfully acted as attorney –in-fact or agent. It is important to know there are numerous powerful remedies to stop and hold accountable persons who obtain, misuse, or abuse a power of attorney. We can also assist you after the power of attorney has been misused and the “would be estate” has been squandered.

Adams Libby, LLC Firm Offices is available to engage in prevention, litigation, and recovery of the breach of fiduciary duty through a power of attorney or other similar document. If you would like to speak with an experienced Atlanta power of attorney litigation lawyer and Georgia fiduciary litigation attorney about your case, please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. Adams Libby, LLC is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.