If a persons signature is obtained by fraud, the contract may be held wholly void. The same rule applies to getting someone to sign a power of attorney by fraudulent representations.
Iowa Complaint for Rescission of Power of Attorney Obtained by Fraud
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How to fill out Complaint For Rescission Of Power Of Attorney Obtained By Fraud?
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Who Can I Name to Have Power of Attorney? You can technically name anybody to have POA, so long as it is done under your free will and you are mentally competent.1 It should be somebody trustworthy and capable, such as a spouse, close family member, or friend. You may also designate your lawyer to have a POA.
Limitations of a Power of Attorney in India A power of attorney only grants the authority specified in the document and does not extend beyond that. The authority granted by a power of attorney cannot be transferred to others. An agent appointed under a power of attorney cannot delegate authority to another person.
Circumstances Where the Power of Attorney Cannot be Revoked Section 202 of the Indian Contract Act provides that where the agent develops an interest in the subject matter of the POA, then the principal cannot revoke the POA as it harms the interest of the agent.
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself.
Limitations Of A Power Of Attorney He/she cannot delegate the authority to some other person to behave as an agent. An agent cannot act against the best interest of the principal. The powers of the POA to make financial or legal decisions end as soon as the Principal dies and the Executor of the State assumes control.
The POA document must: Name the person authorized to act as your agent. Be signed by you, the principal, or another person in your presence and at your direction. Be acknowledged before a notary public or other individual authorized to take acknowledgements.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
Some of the most common forms of power of attorney abuse include: Financial exploitation: This occurs when the agent misuses their authority to gain access to the principal's finances for their own benefit (e.g., withdrawing money from the principal's bank account, using the principal's credit cards).