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 ...

Tagged with: power of attorney

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 ...

Tagged with: power 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 ...

Tagged with: Legal Malpractice power of attorney

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 on Mrs. Ogle’s behalf; therefore, the guaranties are invalid as to Mrs. Ogle.

Tagged with: 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 clause in the DRA.

Tagged with: Arbitration Nursing Home 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 must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.

Tagged with: Guardianship power of attorney trusts & estates

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 must vacate the summary judgment order against then-named plaintiff White and remand for the court’s consideration of any issues presented by the collector of the decedent’s estate.

Tagged with: Guardianship power of attorney trusts & estates

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.

Tagged with: Civil Practice power of attorney Removal subject-matter jurisdiction

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.

Tagged with: Banks & Banking Breach of Fiduciary Duty Claim power of attorney Tort/Negligence

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. § 58-35-85 applied. Notice was properly sent to the employer by the financing company.

Tagged with: Insurance power of attorney Workers’ Compensation