{"id":1341,"date":"2011-09-26T20:32:16","date_gmt":"2011-09-27T00:32:16","guid":{"rendered":"http:\/\/purplelawfirm.com\/blog_news\/?p=1341"},"modified":"2011-09-26T20:32:16","modified_gmt":"2011-09-27T00:32:16","slug":"the-hazards-of-a-power-of-attorney","status":"publish","type":"post","link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2011\/09\/26\/the-hazards-of-a-power-of-attorney\/","title":{"rendered":"The Hazards of a Power of Attorney"},"content":{"rendered":"<h1>The Hazards of a Power of Attorney<\/h1>\n<p>It can not be overstressed, a <strong>Power of Attorney<\/strong>, especially a <strong>Durable General Power of Attorney<\/strong> can be a very dangerous <strong>legal document<\/strong>.\u00a0 The recent case in <strong>Lafayette, Georgia<\/strong> is a prime example of what can happen if a power of attorney is placed in the wrong hands. Christi Morgan is accused of theft by conversion after allegedly <strong>using a power of attorney to sale off assets<\/strong> belonging to her cousin then <strong>converting the assets to her own use<\/strong>. The Chattanooga Times Free Press <a title=\"LaFayette church rattled by charges against pastor, wife\" href=\"http:\/\/www.timesfreepress.com\/news\/2011\/sep\/26\/church-rattled-by-charges-against-pastor-wife\/#c115577\">reports<\/a> that Morgan is accused of stealing at least $165,000 from 64-year-old Jackie Humphrey, a cousin for whom Christi had power of attorney.\u00a0 Additionally, the Times Free Press reports that Morgan&#8217;s husband,\u00a0Roger Morgan, the Pastor of\u00a0North LaFayette Baptist Church, has also been arrested and charged with\u00a0felony theft by conversion.<\/p>\n<p>Although neither one of them have been convicted, and must be considered innocent until proven guilty, the allegations alone should give anyone pause about a durable power of attorney.\u00a0 In Georgia this document is typically a <strong>Durable Financial Power of Attorne<\/strong>y, whereas in Tennessee and many other states it is a <a title=\"What is a durable power of attorney?\" href=\"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2010\/08\/07\/what-is-a-durable-power-of-attorney\/\">Durable General Power of Attorney<\/a>.\u00a0 Both documents are virtually the same, and both <strong>grant an extraordinary amount of power<\/strong> to a person to act on your behalf.\u00a0 When you execute a <em>power of attorney<\/em> you are legally<strong> appointing someone<\/strong> to act on your behalf as your &#8220;<strong>attorney-in-fact<\/strong>&#8221; and typically the attorney-in-fact can <strong>do anything and everything<\/strong> with your property that you yourself can do.\u00a0 This includes selling your home, borrowing money, closing out bank accounts, etc.<\/p>\n<p>It is not clear if the power of attorney granted to Morgan was an <a title=\"Have an attorney prepare your legal documents\" href=\"https:\/\/purplelawfirm.com\/Chattanooga\/Tennessee\/attorneys_lawyers_legal_documents.html\">attorney drafted document<\/a> or if it came from the internet or an office supply store.\u00a0 Yes, incredibly you can purchase such a powerful written instrument on the internet or at Staples &#8211; fill in the blanks, sign and you have given a tremendous amount of power to another person.\u00a0 <span style=\"text-decoration: underline\">This is hardly advisable<\/span>.\u00a0 Some of these <a title=\"Do it yourself legal forms\" href=\"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2010\/08\/24\/do-it-yourself-legal-forms\/\">pre-made forms<\/a> have serious flaws in them, and <strong>none of them offer any legal advice or counsel<\/strong>.<\/p>\n<p>[notice]In situations like Jackie Humphrey&#8217;s a <a title=\"How is a will different from a trust?\" href=\"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2010\/08\/15\/how-is-a-will-different-form-a-trust\/\">Revocable Trust<\/a> may have been the best solution. A Trust adds a layer of protection not available under a power of attorney[\/notice]<\/p>\n<h2><a href=\"https:\/\/purplelawfirm.com\/chattannooga-attorneys-law\/\"><img decoding=\"async\" class=\"alignleft size-full wp-image-1347\" title=\"Planning your future\" src=\"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-content\/uploads\/sites\/2\/2011\/09\/Bright_Future_Law-Firm.png\" alt=\"Plan for your future seek advice of an attorney\" width=\"132\" height=\"98\" \/><\/a>One of the most important things that you can do when considering a <strong>Durable Power of Attorney<\/strong>, is to have an <strong>experienced attorney. <\/strong><\/h2>\n<p><strong><\/strong>A<strong> lawyer <\/strong>will counsel you, and explain the benefits and detriments of this powerful legal document.\u00a0 More importantly, perhaps is that an attorney can <strong>assist you in choosing your attorney-in-fact<\/strong>, and even interview and counsel this person regarding their fiduciary duties under the document.<\/p>\n<p>Although there is no way to be 100% sure that the person you name as <strong>attorney-in-fact<\/strong> will properly fulfill there duties to you, having an <strong>attorney<\/strong> involved <strong>will protect you<\/strong> in most instances. Most people reach a point in their lives that requires them to make arrangements for someone to help them manage their affairs, whether due to illness or other reasons.\u00a0 If you are contemplating your needs in this regard <a title=\"Contact a Chattanooga attorney about powers of attorney and other documents\" href=\"https:\/\/purplelawfirm.com\/contact-purple-law-firm\/\">contact<\/a> an attorney to discuss your needs, and the <strong>legal documents<\/strong> involved in meeting those needs.<\/p>\n<h6>Please note that Purple Law Firm and its attorneys are licensed in Tennessee and not licensed to practice law in the State of Georgia.\u00a0 This article is not intended as legal advice, seek the advice of an attorney licensed in your state.<\/h6>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Lafayette woman is being charged with felony theft by conversion for allegedly using a power of attorney to steal from her cousin.  The woman&#8217;s husband who is a pastor has also been charged with felony theft by conversion as well. <a class=\"more-link\" href=\"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2011\/09\/26\/the-hazards-of-a-power-of-attorney\/\">Read More &rarr;<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","footnotes":""},"categories":[19,24,26,27,29],"tags":[53,220,226],"yst_prominent_words":[1913,1914,440,542,540,537,536,533,1918,1911,1917,1912,538,535,416,1069,539,534,1916,1915],"class_list":{"0":"entry","1":"post","2":"publish","3":"author-admin","4":"has-excerpt","5":"post-1341","7":"format-standard","8":"category-estate_planning_wills_trusts_estates","9":"category-law-firm","10":"category-legal-terms","11":"category-not_legal_advice","12":"category-should-have-had-lawyer","13":"post_tag-attorney-at-law","14":"post_tag-lawyer-legal-professional","15":"post_tag-legal-documents"},"featured_image_src":null,"author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false,"hoot-small-preview":false,"hoot-large-preview":false,"hoot-medium-preview":false,"hoot-wide":false,"hoot-extra-wide":false,"hoot-boxcontent":false},"uagb_author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_comment_info":0,"uagb_excerpt":"A Lafayette woman is being charged with felony theft by conversion for allegedly using a power of attorney to steal from her cousin. The woman's husband who is a pastor has also been charged with felony theft by conversion as well. Read More &rarr;","_links":{"self":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/1341","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/comments?post=1341"}],"version-history":[{"count":0,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/1341\/revisions"}],"wp:attachment":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/media?parent=1341"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/categories?post=1341"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/tags?post=1341"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/yst_prominent_words?post=1341"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}