Recently, in a power of attorney abuse case, Sanders Law Firm PLLC obtained a temporary restraining order (TRO) against the alleged defendants. In this situation, the TRO, signed by the Superior Court Judge in NC, orders the Sheriff to seize and/or secure assets involved in the litigation. A bond was filed in the matter.
To get the TRO we had to show clearly from affidavits and/or a verified complaint that immediate and irreparable injury, loss or damage would result if not ordered against the adverse party.
A TRO lasts 10 days and is followed up with an injunction hearing before the court to prove that the adverse party should continue to be forced not to sell, transfer, or harm the property involved.
This is an effective tool Sanders Law Firm PLLC’s attorneys use to preserve assets taken from our clients by power of attorney agents (POA’s). In most of our POA Abuse cases, the agent who has a fiduciary duty, has taken the principal’s monies or assets for their own use. This deprives our clients and can cause them serious harm.
TRO’s are authorized under Rule 65 of the North Carolina General Statutes’ Civil Procedure Rules.
POA’s have express duties of best interest and fiduciary obligations to the person who executed the POA.
If you or someone you know has been seriously harmed by a breach by the power of attorney, contact Kirk Sanders 336-724-4707 promptly.