91 Year Old Evicted By Own Daughter?
I recently saw this news story on the Internet. While all the readers may think this could not possibly happen to them, it can and does happen to elderly people every day. If you give someone a power of attorney, you must know and understand that you are giving someone the power to take everything you own – even if they do not have the right to take and keep your property. It is not up to the county employee at the Recorder’s office to make sure that a legally executed deed is actually a proper transfer.
The poor gentleman in the story sued to recover his home, and he was right that the home had to be returned to him because his daughter acted beyond the scope of her authority by giving his home to herself. However, unfortunately, he waited too long to sue to recover his home and the statute of limitations barred his claim. The moral of the story is that you must be very careful about giving a power of attorney to someone. Have your lawyer draft limits to the powers in the document so that your agent is not tempted to take something he or she should not. This kind of situation is where downloading a form document from the Internet can be a disaster.