Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.
A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal law). This could have easily been prevented by requiring initials on every page like they typically do in smart jurisdictions. What can the fraud victim do in such a situation?
A: Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and forgery and revoke the DPOA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.