I gave someone power of attorney. He entered into a contract with an accountant for services, on my behalf. Months later, the accountant and I have amended the terms of the contract by entering into a separate contract (and voiding the first). My question is, since someone else signed that first contract for me, is the amendment valid?
The amendment is valid if you are mentally competant.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Yes. Either you or your agent can enter or amend a contract unless the POA document restricts or forbids the POA from such actions or until you revoke the POA. You should probably inform your agent that you amended the contract terms and keep records of such communications. Best practice might be certified mail to both your agent and the other contracting party.
Generally speaking, the amendment is valid. You are the principal and when your agent signed using his power of attorney, that contract was your contract - you are the one bound by it, not your agent (except under some limited circumstances). Since it was your contract, you can amend that contract.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
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