Can you file a civil suit against an attorney & POA agent ?
A POA for a principal had a quick claim for 2 properties, 1 the principal was aware of but not the other. The principal was never notified about the second quick claim and the agent had it sent back to the attorney but didn't file it inder her name for 3 years. The principal doesn't remember signing the second quick claim and said never would have. The notery said that as long as someone can verify the signature he would noterize it. I live in wisconsin and the laws are there but don't seem to be inforced., example, Wi law says that if the POA is a durable it must have 2 witnesses and the agent must sign, but from what I have encountered they don't enforce that and its still considered legal. I am now the new POA and with this kind of things how can I get the principals property back, I have contacted an attorney but even after the previous POA stole her savings, gave it away, I'm told she had the power to do it even though she didn't have the power to give gifts. Can anyone help?
- Anonymous1 decade agoFavorite Answer
Unfortunately, sorting out a mess like this can take more money than anyone involved can afford. Guardianships are often abued, durable (in England, "enduring") powers of attorney can be an invitation to abuse and theft. That's what elder law specialists deal in, and you might speak to one. The Washington Post article linked below is instructive.
Get your terms right. You are talking about a "quitclaim" deed, which transfers whatever rights a person has, often as a gift. It is not enforceable as to third parties unless recorded.
As for notarization: if what you said is true, the notary has violated the law. But, as with all your other allegations, it has to be proven beyond a reasonable doubt.
If someone gave or received property without authority, it can in principle be recovered on a theory of contructive trust, for lack of consideration, or as a fraudulent conveyance. These are subjects you should discuss with an elder law specialist.
Good luck.Source(s): http://www.washingtonpost.com/wp-dyn/content/artic... (guardianship abuse)
- wilderLv 44 years ago
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