POA abuse attorney NC; Attorney-in-fact violations lawyer

POA Abuses Cases & Gifting

Many people execute power of attorneys (POA). It’s a good idea to have one in place should the need arise.

However the number one problem with POA’s is gifting by the POA agent. The POA or attorney-in-fact has a fiduciary duty to his or her principal, the person who executed the POA.

First of all, a POA in North Carolina has to contain specific language allowing the POA to gift. If it doesn’t expressly authorize the agent to make gifts to others and/or the attorney-in-fact, then the gifting isn’t authorized.

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