Q: Can a power of atty. With unlimited powers give the principals house away to the power of atty's son?
I know this lady who had unlimited power of atty. Over her aunt in Tenn., and about a year before the aunt died she quick deeded the aunts house and land over to her son.
A: Power of attorney, no matter how broad, does not give one the right to commit fraud. The power of attorney grants a fiduciary duty to the holder. Consult counsel if you think something is awry.
A: This transaction would be subject to being "set aside" or cancelled/undone. The person who holds the power of attorney has a fiduciary duty ( a very high duty of loyalty) to the person they are working for. Although it is possible that this conveyance was a good thing, the burden of proof would be on the attorney in fact to show that the transfer of the property was good for the owner: that is, in other words, a good price was paid for it, that the cost of maintaining the property was a burden, that the owner would never need the property again, etc. Conveying the property to one's own family seems unlikely to meet this test and in may instances, such action is a clear sign of wrongdoing. Its called "self-dealing" - making a deal for another that really benefits yourself instead of the other. Time to get a lawyer to look onto this further.
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