Judge trying to make power's of attorney illegal!!!

jee70611

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May 9, 2002
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My grandfather is the manager of a large amount of properties in East Tennessee for some friends of his. They live out of state and have granted him a power of attorney to handle legal matters for them in the court rooms here. This past week, some moronic judge in Maryville, TN decided that he wasn't going to recognize his power of attorney in this current case. This same judge has accepted it before. The power of attorney was acquired legally and is properly notarized. This wacko is saying that the supreme court ruled on it recently making it illegal to have power's of attorney. That's just absurd. What about medical powers of attorney? Does he have any idea what he's doing :mad: ? This would make any power of attorney illegal. He can't just pick and choose which ones he wants to observe. I say he needs to be disbarred and impeached. What a moron! :mad: !! Does anyone here know anything about this or do you think this judge is politically motivated. Supposedly, the defendents dad has "connections." I don't see how this could be allowed to stand. The judge said that my grandfather would have to get a lawyer to represent his friends in order to handle this because the "power of attorney" wouldn't be observed. What can be done to punish him for this flagrant misuse of the judiciary? Can the gov. be forced to pay the lawyers fees because of this. Any Ideas???
 

SpinnerBait_Nut

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Re: Judge trying to make power's of attorney illegal!!!

jee, is his friends a corporation?<br />Tn has about 27 different types Power of Attorneys.<br />Need to know what kind he is to give you a more specific answer.
 

jee70611

Petty Officer 1st Class
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Re: Judge trying to make power's of attorney illegal!!!

Hmmm.. Thanks SBN. I didn't know there were that many different kinds. No they're not any corporations or anything. They are just personal friends of his. He just takes care of their properties because they aren't really able to do much since they are out of state. The thing that boggles my mind is that this same judge has accepted this power of attorney for the exact same type of case within the last month. He just won't except it on this one. It really reeks of corruption. Supposedly this girls daddy has some sort of political clout. Personally, I think he may just be blowing smoke and hoping that it isn't challenged, but it still could set a dangerous precident. I've thought about letting the local news get all after it, but I want to make dang sure of all the details first. They would have a field day with this one.<br /><br />James
 

SpinnerBait_Nut

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Re: Judge trying to make power's of attorney illegal!!!

Do these people own the same said properties together?<br />If they do and they are not a corporation, then all their sigs better be on the POA or he might run into a problem there.<br />Lots of loop holes here the judge can/will find if he wants to.<br />Not saying the corupt part is not playing a part, just saying that there might be things he let slide before that he won't this time.
 

jee70611

Petty Officer 1st Class
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Messages
226
Re: Judge trying to make power's of attorney illegal!!!

Basically, there are three people. One lady owns one set of properties, another lady owns another set of properties, and another guy owns the third set of properties. He has three individual power's of attorney. One for each person. They are all the same kind. None of them are considered companies, just individual people like you and me. I really don't see what the problem is. This should not be happening in my opinion. Everything was done legally. That is, unless there is some sort of new law on the books. Otherwise, it seems like a flagrant misuse of the judiciary. Thanks for all the help SBN and also anyone else who comments on this.<br /><br />James
 

roscoe

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Oct 30, 2002
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Re: Judge trying to make power's of attorney illegal!!!

Having POA, means you can act on behalf of someone, in legal matters. But does not necessarily mean he can act as a lawyer in a courtroom. TN may require that the litigant himself, or a licensed attourney, be present for courtroom procedings.
 

SpinnerBait_Nut

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Re: Judge trying to make power's of attorney illegal!!!

As I see it there are 4 different types for land tranactions.<br />1. General Durable Power of Attorney - Property - Finances - etc - Effective Immediately <br />2. Special or Limited Power of Attorney for Real Estate Sales Transaction - By Seller <br />3. Special or Limited Power of Attorney for Real Estate Purchase Transaction - By Purchaser<br />4. General Durable Power of Attorney - Property - Finances - etc - Effective upon Disability <br />__________________________________________________<br />1.& 4.A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity. <br /><br />If, following execution of a durable power of attorney, a court appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated. <br /><br />A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court will make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. <br /><br />2.& 3.A special power of attorney allows the principal to give only specific powers to the <br />attorney-in-fact/agent. The special power of attorney is used to allow the attorney-in-fact/agent to handle specific matters when the principal is unavailable or unable to do so. The power of attorney cannot be revoked until notice is given. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorney-in-fact/agent and to all third parties relying on the authority of the acting attorney-in-fact/agent.
 

neumanns

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Mar 1, 2003
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Re: Judge trying to make power's of attorney illegal!!!

Just a little tidbit of info for referance,<br /><br /> POA's are usless when a death is involved. Any Poa is usless in the event of death. You cannot act on the behalf of someone who is considered dead...Even with a medical poa. Care reverts to legal guardian under the law.<br /><br />Yes if what you are saying is true it stinks. No I do not know if you can do anything about it. Seems to me that there is more to this though.
 
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