An attorney in fact has a fiduciary duty to act solely for the benefit of the principal and is not allowed to engage in self-dealing, such as "gifting" assets. Send a certified mail letter requesting that the attorney in fact render an accouning.
2 lawyers agreed with this answer
Employment in Ohio is at will.
Be careful to make sure your father has "testamentary capacity" before he signs the power of attorney. If not, it can be set aside. Also be sure to use the assets only for your father's benefit, and keep documentation, otherwise you could be exposed to a claim of conversion. Finally, the power of attorney should be prepared by a lawyer and contain state of the art language describing the full breadth of the athority granted.
Under Ohio law, a seller of a residence must disclose in writing all property defects, including any problems with moisture and water leaks. Even if the problem is resolved, the solution should be disclosed.
A fiduciary is prohibited from self-dealing and must be able to proof by clear and convincing evidence that any transfer of assets to the fiduciary is for the sole benefit of the principal. To document the vailidity of the $2000 check, would need to obtain evidence that $2000 worth of work was done.
1 person marked this answer as helpful
Your relative may be incompetent to revoke the power. If so, then a famly member should file an application for guardianship.
If you mother was incapable of understanding at the time, then she could not have entered into a contract. You should document what happened in a letter Sears - fax is ideal because it confirms receipt - and if they do not desist, report the matter to your state attorney general.