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New power of attorney laws take effect Jan. 1
The North Carolina Uniform Power of Attorney Act will go into effect on Jan. 1, replacing most of the existing laws governing powers of attorney. The NCUPOAA will adopt the Uniform Power of Attorney Act as drafted, but with modifications to better serve North Carolinians. The UPOAA sprang from a 2002 national study that showed […]
Contract – Rehab Center – Daughter’s Signature – Power of Attorney – Representative Guaranty
Wrightsville Health Holdings, LLC v. Buckner (Lawyers Weekly No. 012-046-17, 8 pp.) (Mark Davis, J.) Appealed from New Hanover County District Court (Melinda Crouch, J.) N.C. App. Unpub. Holding: Since defendant signed the plaintiff-rehab center’s admission agreement as her mother’s attorney-in-fact, it was – in effect – defendant’s mother who agreed as “representative” to guarantee [...]
Attorneys — Tort/Negligence – Legal Malpractice – Real Property – Powers of Attorney
Williams v. Lynch (Lawyers Weekly No. 15-16-0066, 20 pp.) (Linda McGee, Ch. J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. Holding: Even though plaintiff did not sign a document that purported to allow her attorney-in-fact to be paid the proceeds of the sale of plaintiff’s land, plaintiff did sign two powers […]
Contract – Power of Attorney – Ineffective – Principal’s Competence – Banks & Banking – Guaranties
Suntrust Bank v. C & D Custom Homes, LLC Defendant Sheila Ogle’s power of attorney only allowed her husband, defendant Carroll Ogle, to act as her attorney-in-fact if her physician declared her incompetent, and there was no showing that Mrs. Ogle was incompetent when Mr. Ogle signed guaranties as Mrs. Ogle’s purported attorney-in-fact. Mr. Ogle had no authority to sign the guaranties [...]
Arbitration – Nursing Home – Separate Agreement – Power of Attorney
SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration [...]
Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney
White v. Harold L. & Audree S. Mills Charitable Remainder Unitrust At the time the trial court entered summary judgment for defendants, named plaintiff Ray White no longer had the authority to sustain the present action because his ward had passed away. Although the trial court subsequently entered a consent order substituting the collector of the ward/decedent’s estate as plaintiff, we[...]
Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney
Civil Practice – Lay Representation – ‘Power of Attorney’ – Subject Matter Jurisdiction – Removal
Bank of America Inc. v. Campbell Even though Anthony Clay Campbell purports to be defendants’ attorney-in-fact, since he is not an attorney-at-law, he is not authorized to represent defendants in court.
Tort/Negligence – Breach of Fiduciary Duty Claim – Power of Attorney – Dying Aunt – Banks & Banking – Joint Account with Right of Survivorship
Albert v. Cowart Acting at the direction of his dying aunt and pursuant to her power of attorney, a nephew transferred approximately $450,000 into a joint account with right of survivorship that he shared with his aunt. Since the aunt was still alive at the time of the transfers, the transfers did not constitute gifts to the nephew.
Workers’ Compensation – Insurance – Premium Financing Company – Power of Attorney – Nonpayment -Request for Cancellation – Party Aggrieved
Diaz v. Smith An employer’s power of attorney gave a premium-financing company the authority to request cancellation of the employer’s workers’ compensation insurance policy if the employer failed to make its premium payments. Therefore, when the employer failed to make its premium payments and the financing company requested cancellation of the workers’ compensation policy, G.S. [...]
Arbitration – Power of Attorney – Nursing Facility – Negligence
Westmoreland v. High Point Healthcare, Inc. The trial court improperly denied a nursing home’s motion to compel arbitration since the arbitration agreement was not procedurally or substantively unconscionable.
Reverse mortgages provide a planning tool for elder law attorneys
By ALAN COOPER, Dolan Media Newswires [email protected] Reverse mortgages have been a standard item in the toolbox for Virginia elder law specialist Evan Farr. A reverse mortgage, which pays cash for an older person’s home equity, can allow her to stay where she most wants to be – in her own home. Sometimes, Farr says, […]
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