Virginia Complaint for Rescission of Power of Attorney Obtained by Fraud

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Multi-State
Control #:
US-03360BG
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Word; 
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Description

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.

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FAQ

If you are competent and wish to revoke a power of attorney, you will need to send a signed notarized letter revoking the power of attorney to every place your agent used the power of attorney, as well as every place the agent might use the power of attorney.

Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits.

Knowingly and Intentionally Made With the Intent to Mislead To prove actual fraud, the defrauded party must prove intent on the party of the person who defrauded them. Not only must the fraud be knowing and intentional, it must be made with the intent to mislead or induce the other party to act.

§ 58.1-452. In addition to other penalties provided by law, any officer of any corporation who makes a fraudulent return or statement with intent to evade the payment of the taxes prescribed by this chapter shall be guilty of a Class 6 felony.

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.

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Virginia Complaint for Rescission of Power of Attorney Obtained by Fraud