US Legal Forms
Legal Resources
Questions & Answers
Power of Attorney
If I have a limited power of attorney for someone to assist him in clearing up fraudulent accounts with credit bureaus and cr...

If I have a limited power of attorney for someone to assist him in clearing up fraudulent accounts with credit bureaus and cr...

Q: Can someone make you POA without your consent?

No, a person cannot be made a power of attorney without their consent. The individual granting the power must willingly choose someone to act on their behalf and sign the necessary documents. If someone tries to create a power of attorney without your consent, it may be considered fraudulent and legally invalid.

Q: Can my power of attorney sign my checks?

Yes, if the power of attorney document grants the agent the authority to manage financial matters, they can sign checks on your behalf. It is important for the agent to sign the checks in a manner that indicates they are acting under the power of attorney, such as 'Your Name, by Agent's Name under POA.'

Full question:

If I have a limited power of attorney for someone to assist him in clearing up fraudulent accounts with credit bureaus and creditors, how do I sign the documents/ affidavits? Do I sign my name since I am attaching copies of the Limited POA to the creditor or do I sign his name?

Category: Power of Attorney
Date: 04/07/2025
State: National

Answer:

Assume Jack Sprat appoints his wife, Mary Sprat, as his agent in a written power of attorney. Mary, as agent, must sign as follows: Jack Sprat, by Mary Sprat under POA or Mary Sprat, attorney-in-fact for Jack Sprat.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a fraudulent use of power of attorney?

Fraudulent use of power of attorney occurs when someone uses the authority granted by a power of attorney to act against the principal's interests or without their consent. This can include unauthorized transactions, misappropriation of funds, or signing documents that the principal did not intend to authorize. Such actions are illegal and can lead to criminal charges and civil liability.

Can a power of attorney sign documents?

Yes, a power of attorney can sign documents on behalf of the principal, provided the authority is specified in the power of attorney document. The agent must sign in a way that indicates they are acting on behalf of the principal, such as 'Principal's Name, by Agent's Name under POA.' This ensures clarity regarding who is responsible for the actions taken.

Can someone make you POA without your consent?

Can my power of attorney sign my checks?

Can creditors go after power of attorney?

Creditors typically cannot pursue a power of attorney for debts owed by the principal unless the agent has personally guaranteed those debts. The agent is not liable for the principal's debts unless they have acted outside their authority or engaged in wrongdoing. However, creditors may seek repayment from the principal's assets.

What is an example of abuse of a power of attorney?

An example of abuse of a power of attorney is when the agent uses their authority to withdraw funds from the principal's bank account for personal use, rather than for the principal's benefit. Other forms of abuse include making unauthorized investments or selling the principal's property without consent. Such actions can lead to legal consequences for the agent.