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Tag Archives: power of attorney

Contract – Power of Attorney – Ineffective – Principal’s Competence – Banks & Banking – Guaranties (access required)

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.

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Arbitration – Nursing Home – Separate Agreement – Power of Attorney (access required)

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.

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Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney (access required)

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.

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Trusts & Estates – Guardianship – Ward’s Death – Collector’s Appointment – Power of Attorney (access required)

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.

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Tort/Negligence – Breach of Fiduciary Duty Claim – Power of Attorney – Dying Aunt – Banks & Banking – Joint Account with Right of Survivorship (access required)

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.

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Workers’ Compensation – Insurance – Premium Financing Company – Power of Attorney – Nonpayment -Request for Cancellation – Party Aggrieved (access required)

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.

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