Kirk Sanders, Attorney, filed a lawsuit against the former power-of-attorney (POA) for an elderly client. While the elderly client was in the hospital, the former POA, over the course of a week, transferred the client’s title to the elderly person's home to the POA, and transferred all financial accounts into the POA’s name.
Thankfully, the client was mentally on top of her game and liked to look at her bank and financial statements regularly. The elderly person made a couple requests for the POA to bring her the statements. After the POA failed to comply, citing all sorts of excuses, the client turned to another family member to express her frustrations.
As a result, they hired counsel, Kirk Sanders. After writing a demand for an accounting and to return the assets was rebuffed by the POA, a lawsuit was promptly filed in Forsyth County. The POA’s attorney denied that the POA owed a duty to return the assets.
Prior to hearings on motions at the courthouse, the POA ultimately capitulated and returned the assets less some money that could not be collected. A lot of times, the defendants spend as fast as they get the stolen goods. The sooner these actions are filed, the better to recover assets.
Nonetheless, a quarter of a million dollars in assets was recovered and returned to the elderly client.
Call Kirk Sanders 336-724-4707 at Sanders Law Firm, PLLC to discuss your potential power-of-attorney abuse claims.