Hide Comments into the General Power Of Attorney

Aug 6th, 2022
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How to Hide Comments into the General Power Of Attorney

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hey there im a state planning attorney paul ramilah and in this video were going to talk about how someone misuses or abuses the power they have under a power of attorney so weve seen it often an example where lets say mom signed a power of attorney and mom who created the power of attorney is called the principle and lets say in our circumstance mom granted power of attorney to daughter daughter is whats called the agent and that power of attorney abuse takes place when someone who has been given the power of attorney the agent takes an action that is not in the best interest of the person who gave the power of attorney called the principal so the agent under a power of attorney does have a legal duty to act in the best interest of the principal sometimes people ask me paul if if i give my son power of attorney that means he can just go to the bank and take all of my money and do whatever he wants to with it because i gave him power attorney well no it doesnt mean he has the ri

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A power of attorney (POA) is a legally binding document that allows you to appoint someone to manage your property, medical, or financial affairs. Although it can be uncomfortable to think about needing one, a POA is an important part of any estate plan.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
This is a long-standing legal principle known as attorney-client privilege, which means that communication between attorneys and clients is confidential. This privilege helps ensure that you can freely discuss your legal situation with your attorney without fear of reprisal.
Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and their client private. Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.
Attorney-client privilege is about the communications between the attorney and the client, whereas attorney-client confidentiality is about case information obtained in the course of representing the client. All privileged information is confidential, but not all confidential information is privileged.
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and are not protected by the privilege.
The difference? Very simply put, attorney-client privilege stems from rules of EVIDENCE, whereas confidentiality stems from rules of ETHICS. But thats not all. Starting with confidentiality, every state has Rules of Professional Conduct that apply to lawyers who are licensed in that state.
Disadvantages Your loved ones competence at the time of writing the power of attorney might be questioned later. Some financial institutions require that the document be written on special forms. Some institutions may refuse to recognize a document after six months to one year.
The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

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