Grandson settles with grandmother to return real property. Power of Attorney ordered to vacate the premises.

Yadkinville, North Carolina--Sanders Law Firm, PLLC resolved a case on the courthouse steps minutes before the case was to be called for trial in Yadkin County Superior Court.

The case was based on abuse of a power of attorney document made by Mrs. E. to her daughter. Within a week of recording the Power of Attorney, which was not done by an attorney, the attorney-in-fact daughter (“AIF”) executed a deed to Mrs. E’s real property to the AIF’s son/Mrs. E’s grandson. The grandson soon thereafter initiated an eviction of the AIF and Mrs. E.

Mrs. E spent time in a homeless shelter. Her other child, who had been kept away from her, was able to house and take care of her during the litigation.

            Mrs. E filed the litigation to get possession and title back to her houses.

            Allegations were made that Mrs. E wanted grandson to have the real property and said as much. Other issues included the AIF medicating Mrs. E such that she couldn’t think clearly throughout the process as well as keep her other child and family excluded from her.

            With the courthouse settlement, approved by the judge, Mrs. E regained title and possession to her real property. The court ordered the AIF to vacate the real property.

SETTLEMENT REPORT: Breach of Fiduciary Duty, POA Abuse, illgotten gain

Case name: Confidential, Yadkin County, North Carolina

Date of settlement: Feb. 17, 2014

Amount: Real Estate in Yadkin County, NC

Attorney for plaintiff: Kirk Sanders of Sanders Law Firm, PLLC

Attorneys for defendants: Withheld

Call Kirk Sanders at 336-724-4707 to discuss a power of attorney abuse matter or will caveat claim.