power of attorney

Collarspace Discussion Forums

Home Login Search

power of attorney

View related threads: (in this forum | in all forums)

Logged in as: Guest

All Forums >> [Community Discussions] >> Ask a Master >> power of attorney

Page: [1]

Login

Message

<< Older Topic Newer Topic >>

power of attorney - 11/30/2005 3:59:23 PM

mistresspayday

Posts: 4
Joined: 11/30/2005
Status: offline

a sub of mines had signed a power of attorney with his previous mistress...she is not cooperating at all. how can my sub protect himself if she decides to run around messing him up? someone else signed for the certified letter terminating the power of attorney..what can he do?

Post #: 1

RE: power of attorney - 11/30/2005 6:01:12 PM

Wolf1020

Posts: 447
Joined: 11/7/2005
From: Anderson, SC
Status: offline

if they simply gave it over willingly and it wasn't taken away in a court it is revokable at any time. And after that time anything the poa is produced for as a document authorizing it will be a liability. For instence if she shows up at the bank with the poa and withdraws all the money after the poa is revoked the money would have to be returned. If they sold a house the transfer would be illegal, etc.

Now I'm not sure exactly how it is written up or what your state laws are for revoking it though. If I were him I would contact any bank I had acounts with, and anything else I had easily sellable assests (stock broker, etc) to have it put on file that someone with a revoked poa is attempting to access my accounts and may attemp to use it and that it to withdraw money, sell stocks, whatever it is exactly, and is not valid for that person to do anything on the acounts since it is revoked.

Beyond active acounts of things that can quickly be sold without knowlage like stocks there shouldn't be to much she could screw up. For instance selling a house wouldn't much matter since presumably it's being used and would be hard for someone to take possesion without his knowlage. Same with a car. A credit card will be easy with a check of credit reports.

I would contact a lawyer to make sure it is revoked by the laws of your state, I'm not sure exactly what it take to revoke it by your state law or by a clause in there.

(in reply to mistresspayday)

Post #: 2

RE: power of attorney - 11/30/2005 7:17:00 PM

Midearthtrainer

Posts: 67
Joined: 10/10/2004
Status: offline

I second the advice of Wolf1020 and might add that in some states they allow you to publish in the local paper.

(in reply to mistresspayday)

Post #: 3

RE: power of attorney - 11/30/2005 7:45:38 PM

Wolf1020

Posts: 447
Joined: 11/7/2005
From: Anderson, SC
Status: offline

also if they give you a hard time jsut do what she can do yourself.

For instence if you go to the bank and they give you a hard time saying something about a document showing it is legaly revoked (I don't know if that might be the law in some states or not) jsut do exactly what she could have done, withdraw all the money. She can get into your checking acount and withdraw money if the bank gives you a hard time about needing proof it has been revoked, she can't if there is no money in the acount to withdraw. You will just have to live with writing money orders instead of checks for the time being. Same for stocks, if he has stocks sell them off and just hold the money to invest agian untill it blows over and you can get it legaly revoked if your state has some legal hoops to go through. As for a credit card if he has an acount that she also holds a card to just cancel it. By the time she can find out it is canceled, order a new one (assuming you need to go through hoops and she shows then the poa with a fax or something0, and recieve it you should either be able to a) contact a lawyer and have it resolved, or b) be able to have at least have a stay put on it if for some reason it will take time to get it revoked. That way untill the matter is resolved it is basicly good as revoked since she can't use it for anything. If she had won it in court had he say been mentaly ill, then it would be another matter. But a stay on it would serve the same purpose, basicly acting like a pause button.

Happened once with my grandfather. His sister had sever MS and brain damage and lived in a nursing home since she required so much care home care wasn't an option. When my great grandfather passed away my grandfather picked up the poa and then a few years later one of his other sisters challenged him for it claiming mismanagment of funds, which there was none they just had a falling out over other stuff and she wanted to stick it to him, the trust my great grandfather had set up for her care was quite a bit and would have outlived her with even half assed managment by a comfertable amount. It was supposed to be devided among him and his other two sisters when the sick sister died, and well like I said the one sister got peeved and wanted to stick it to him. In the mean time untill it could be worked out in detail the judge issued a stay which didn't revoke it but basicly put a pause on his poa except for the essentials, namly the paying of her nursing home bill which was paid for out of the trust and the periodic selling of stocks my great grandfather had set up for her and was overseen by a lawyer. In the end he won and the stay was removed. Basicly a stay is just a usful order in the event a legal fight happens in reguards to a poa.

< Message edited by Wolf1020 -- 11/30/2005 7:47:37 PM >

(in reply to Midearthtrainer)

Post #: 4

RE: power of attorney - 11/30/2005 8:31:15 PM

sanita

Posts: 338
Joined: 1/30/2005
Status: offline

Doesn't incapacity have to be proven in court, in order for a Power of Attorney to kick in? So long as the person granting PoA is of sound mind, and comes forth with "No, I've changed my mind," it is not enforceable. Maybe that is different state to state, though. And was this PoA filed with the court?

It could have been a Limited Power of Attorney, but that would only have to do with one specific act, like signing for real estate transactions, or managing investments without needing authorization.

Now, i am not a lawyer (Someday, i do want to beone!), so i could be wrong. But if this is an enforceable PoA with unlimited access to Your sub's affairs, without him having to be incapacitated, and it was filed, he needs to call the clerk of that court or county, and ask specifically how to revoke it.

_____________________________

Sometimes, He calls me "subbie." Sometimes, i call me "subbie." And if someone wants to call me a BBW, its flattering. Just don't call me false.

"Please do not show me your ass and expect me to read your mind." -Opencollar

(in reply to mistresspayday)

Post #: 5

RE: power of attorney - 11/30/2005 11:45:12 PM

Wolf1020

Posts: 447
Joined: 11/7/2005
From: Anderson, SC
Status: offline

No where I know of does some sort of incapacity need to be proven. As for revoking it that I think likly goes from state to state and as you said if it was filed or not.

Personally I would never give poa willingly as long as I was able to manage my own affairs. I would be hesitint to even do it in a limited capacity for buisness. If someone wants poa over me to me that says they intend to do something I wouldn't consent to. If it was something I'd consent to then they wouldn't need the poa.

(in reply to sanita)

Post #: 6

RE: power of attorney - 12/1/2005 9:52:29 AM

ginawithaB

Posts: 141
Joined: 9/2/2005
Status: offline

quote:

Doesn't incapacity have to be proven in court,

I think this type of POA is called Durable Power of Attorney, which has to do specifically with incapacity and is considered to be an advanced directive, as living wills, revocable living trusts, DNRs, DNIs etc. DPOA gives another person the right to act on behalf of an incapacitated person, either medically or mentally, once the incapacity has been certified by a medical doctor.

But I don't think this is what OP is talking about...but not sure. DPOA can be revoked, cancelled, transferred to another person at the will of the originator as long as that person retains capacity to do so.

At least, that's how it is in NYS. All POAs should always be handled with an attorney to ensure the rights of the individual.

gina

(in reply to sanita)

Post #: 7

RE: power of attorney - 12/1/2005 1:09:15 PM

sultryvoice

Posts: 368
Joined: 3/31/2004
Status: offline

Laws from state to state are different. You really must go to an attorney to sort it out. Most attorneys have the first visit for free. IMO, you should never do this again. I certainly hope you have learned from it. It has, apparently, backfired on you..I wish you the best..

Respectfully,
sultry

_____________________________

Blessed are the cracked,
For it is they who let in the light.

www.themarkbycpi.com

(in reply to ginawithaB)

Post #: 8

RE: power of attorney - 12/1/2005 2:41:54 PM

GADomCpl

Posts: 62
Joined: 8/7/2005
Status: offline

When I was getting ready to deploy to Iraq 2 years ago, we were required to get a POA. Before we were allowed to sign it our JAG officer gave us this advice in case we ever needed to cancel it prior to the experation date. Contact all instatutions (banks, credit cards, ect) that you have active accounts with in writting and inform them that the POA for this person is no longer valid as of this date. Also file a similar letter with the county clerk in your home city and the other person's home city and finally have a similar letter delivered to them certified mail. If the person attempts to use it after this point you can not only hold them liable for their actions (able to collect actual damages and all kinds of extra stuff) they can also be held criminally liable for commiting fraud and possibly other charges.

Troy

(in reply to sultryvoice)

Post #: 9

RE: power of attorney - 12/1/2005 4:11:12 PM

mistresspayday

Posts: 4
Joined: 11/30/2005
Status: offline

hmm, maybe i don't put my words together right. this sub is worried that she she can go to another state or online with his info and do things with his id or create his id in another state and drive him to a homeless state of living.she has already milked $5,300 from the man "after" making him move out of his place to stay and signing over the title to his car. this power of attorney gives says she can buy stock,invest,n so on.i'm just wondering what all she can to do him without him knowing. he is so petrified. she told him that when she is done he will wish that he had never been born. i feel for him it's not my problem but then again...down the road if i keep him,something she do now could pop up later. QUESTION: the certified letter was sent to the address on her drivers lincence and she DID NOT SIGN FOR IT,SOMEONE ELSE DID.can she say that she never recieved it? also the new york attorneys are talking $2,000 just to get involved and they say that only a certified letter sent to the person who was given the power of attorney is required. p.s.-it also says she can apply for loans,and grants. i dunno..maybe i should drop him.

(in reply to mistresspayday)

Post #: 10

RE: power of attorney - 12/2/2005 9:09:57 AM

MHOO314

Posts: 3628
Joined: 9/26/2004
Status: offline

http://www.ilrg.com/forms/powatrny.html

Here is a link with a sample one so you know what you are facing, state specific guidelines and recommendations how to revoke---

this is a good reason subs why you should not rush to sign things like this--sh*& happens and when things go bad, you pay the price---good luck.

_____________________________

SLUTS: Southern Ladies Under Tremendous Stress...

Mistress Hathor

(in reply to mistresspayday)

Post #: 11

RE: power of attorney - 12/23/2005 3:04:54 PM

rosebudtoy

Posts: 1
Joined: 4/28/2005
Status: offline

You need a kink friendly lawyer, and fast. An attorney friend of mine (to whom I presented this as a non-kink hypothetical), said that appropriate notification delivered by a process server would satisfy most proof of delivery issues as well as having a chilling effect on potential future misbehavior.

By the way, this type of behavior is common in vanilla domestic abuse situations. It's a horrible last resort, but I'm sure the appropriate agencies in your state know how to deal with it.

(in reply to MHOO314)

Post #: 12

RE: power of attorney - 12/23/2005 6:10:48 PM

candystripper

Posts: 3486
Joined: 11/1/2005
Status: offline

This is not a hypothetical. An attorney shouldn't cost you more than $500, and now is not the time to become stingy.

candystripper

(in reply to rosebudtoy)

Post #: 13

RE: power of attorney - 12/23/2005 10:51:31 PM

FangsNfeet

Posts: 3758
Joined: 12/3/2004
Status: offline

quote:

a sub of mines had signed a power of attorney with his previous mistress...she is not cooperating at all. how can my sub protect himself if she decides to run around messing him up? someone else signed for the certified letter terminating the power of attorney..what can he do?

What can he do?

He should bend over and allow you to repeatedly beat his arse. After all, how could he have been so fucking stupid? Giving over power of attorney goes a little further than D/s. It's right out abusive controll. I think he should ask Santa to have back his power of attorney. Other than getting a Lawyer, also get a shrink. An insanity plea of being incapable of such an important decission may make a stong case. Bringing up the BDSM lifestyle and his experience with the past domme can point that he was mentaly abused and was coersesed in signing the forms.

He could also say that he gave power of attorney to someone else first prior to the relationship. However, I do head caution before engaging in forgery, false documentation, and any other action that may be deemed illegal.

To win this legaly, you're looking a court case that will take atleast 6 month to 2 years. I would start researching Power of Attorney laws as well as any and all cases where power of attorney has been challenged. Start picking out the lawyers involved in those cases to represent you. This one may be a doozy.

_____________________________

I'm Godzilla and you're Japan

(in reply to mistresspayday)

Post #: 14

RE: power of attorney - 12/23/2005 11:11:18 PM

xxblushesxx

Posts: 9318
Joined: 11/3/2005
From: Kentucky
Status: offline

Uhm...doesn't sound like she cares as much for the sub...as much as what may happen 'down the road'....

I wish the sub all the luck in the world...and I hope that he thinks more than twice before he lets any one be in charge of his finances again....

If I am wrong, I apologize, but that is the feeling I got from reading these posts...

Peace;

Christina

(in reply to FangsNfeet)

Post #: 15

RE: power of attorney - 12/25/2005 6:10:34 AM

sweetpettjenny

Posts: 674
Joined: 11/7/2004
Status: offline

oyyy that is a scary situation...

(in reply to mistresspayday)

Post #: 16

RE: power of attorney - 12/25/2005 1:11:19 PM

Focus50

Posts: 3962
Joined: 12/28/2004
From: Newcastle, Australia
Status: offline

This seems like a good band-wagon to jump on so I'll add to the numbers....

I have no special legal knowledge in any state or country. When I need to deal with things outside my own area of expertise, I reach into my wallet and go see an expert because "winging it" usually costs so much more in ways you'd never initially imagine!

And in the meantime, if it's just bank accounts, how hard can it be to close the ones he has and open another in a different bank? No-one can access anything if they don't know it exists! Surely a POA still requires the holder to have the relevant bank book or card, no?

Then have him sign over a POA to you so he never does anything so foolish again!

Focus.

(in reply to mistresspayday)

Post #: 17

RE: power of attorney - 12/29/2005 7:35:06 PM

Voltare

Posts: 841
Joined: 1/1/2004
From: Santiago, Chile
Status: offline

Some additional advice, rather briefly.

A concern is that he will apply for loans, set up a seperate life, etc outside of him. Wolf1020's excellent advice regarding the notices to companies is a very good start. Additionally, I strongly suggest that a certified letter be sent to the three major credit check companies (i.e. equifax, experian, and transunion - google for their addresses) stating in no uncertain terms that his identity may possibly be used to apply for loans, etc. Additionally, he needs to find some sort of written proof that he cancelled her power of attorny. Any action she takes in his name after the fact is, as stated before, invalid, and the woman in question is guilty of fraud after this point. Power of attorny is as the name implies, and if you fired your lawyer, and he continued to do things on your 'behalf' he'd be violating a couple dozen laws. Find out which laws in your state apply, and remember that she will be liable for lawyers fees etc in the end. As suggested, it might not actually come to recovering any money you spend, but it might well scare the hell out of her, and keep her from trying anything stupid. Lastly, he needs to go to his banks and let each know the situation. They won't care about the reasons, just the facts. Additionally, ask them to add a notice to their bank network to specifically bar him from requesting any loans, and that if anyone other then him - in person, with identification - applies for a loan, the police should be contacted on suspicion of fraud. There's a seperate bank network used by most major banks that do checks for fraud related activities, and this will essentially prevent her from just about all types of damage.

Lastly, you should look into the circumstances of his car being signed over. If it can be proved he was under duress, the transaction becomes void, and she becomes guilty of fraud again.

Identity theft is becoming more and more common, as computers make identities much easier to steal. The law will be on his side - he just needs the patience to see it through. The best way to cut himself off from potential damage from her, is to cut himself off from his own options - such requests as to close his loan and investment options is a good start.

Stephan

_____________________________

http://www.vv3b.com/

"There is always some madness in love, but there is always some reason in madness." - F. Nietzsche

(in reply to Focus50)

Post #: 18

RE: power of attorney - 12/29/2005 7:52:11 PM

LadyMorgynn

Posts: 800
Joined: 11/25/2005
From: N. Carolina
Status: offline

Wow. If it was MY sub, I'd take HER to the wall! I'd go to bat for him and do everything in my power to protect him from this predator, and I wouldn't rest until her ass was in JAIL. Maybe I'm old fashioned... they just don't make Mistresses like they used to <sigh>

quote:

ORIGINAL: mistresspayday
she told him that when she is done he will wish that he had never been born. i feel for him it's not my problem but then again...down the road if i keep him,something she do now could pop up later.
<snip>
. i dunno..maybe i should drop him.

_____________________________

---
Lady Morgynn
www.farhorizons.net/LadyMorgynn

(in reply to mistresspayday)

Post #: 19

RE: power of attorney - 12/30/2005 10:57:14 AM

Oberonrex

Posts: 164
Joined: 3/31/2005
Status: offline

The advice to get legal advice is the best thing to do. I agree that if they were my sub, it would be getting pursued through every legal means possible.

(in reply to LadyMorgynn)

Post #: 20

Page: [1]

All Forums >> [Community Discussions] >> Ask a Master >> power of attorney

Page: [1]

Jump to:

New Messages	No New Messages
Hot Topic w/ New Messages	Hot Topic w/o New Messages
Locked w/ New Messages	Locked w/o New Messages

Post New Thread

Reply to Message

Post New Poll

Submit Vote

Delete My Own Post

Delete My Own Thread

Rate Posts

Collarchat.com © 2025

Terms of Service

0.078