Charlotte, NC asked in Estate Planning for North Carolina

Q: What are they legal repercussions for an attorney who signs estate trust paperwork if the grantor is incompetent?

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Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the terms of the power of attorney.

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