how do you sue a company that denies legal power of attorney

With a Uniform Statutory Power of Attorney an agent may also present an affidavit to the effect that it is still valid in order to induce reliance by the bank and others and if it is still refused then the agent may sue for

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Can a company refuse to accept a power of attorney?

the bank and others and if it is still refused then the agent may sue for enforcement and recover costs if such refusal was unreasonable. Next, title companies may similarly refuse to accept powers of attorney offered to transfer title to real property when such powers (1) do not refer to the real property and incorporate its

How do I file a lawsuit against a company?

Apr 25, 2016 · If you find yourself facing a refusal, that is not easily resolved, you may need to seek a court order that will force the third party to honor your authority. In that case, the law allows you to collect attorney’s fees if the third party …

How do I sue a public utility company?

Jun 26, 2019 · Can You Change Your Power of Attorney? Yes. A power of attorney is a legal tool. A mentally competent person can alter their power of attorney — including revoking it — whenever they choose to do so. Can You Refuse Power of Attorney? Yes. No one is obligated to accept another person’s power of attorney. You can refuse it for any reason.

Do I need a lawyer to sue a company?

Oct 09, 2019 · If your rights were violated by a government official or a company, you may be entitled to compensation. This can be a long, complicated process. Before you file an actual lawsuit for some civil rights violations allegations, you must file a claim/complaint with a federal or state agency first.

Why do people sue companies?

In general, some common reasons to sue a company include the following: If a person suffered harassment when either working at the company or when visiting the company as a patron (e.g., grocery store worker harassed them); When a company fails to pay a worker their ...

What is premises liability?

Premises liability; Breach of contract; Discrimination or harassment; Nuisance; Defamation; Tax fraud; False advertising; and. Violations of federal laws. The process to sue a company will differ depending on the type of company, the laws in the jurisdiction, the facts of a specific matter, and the legal theories that a claim is based on.

How to sue a company for damages?

In order to sue a company for damages, a plaintiff should take the following steps to increase their chances of bringing a successful lawsuit: Before initiating a lawsuit, it may be wise to speak to a company representative to ensure that there is not an easier way to resolve the issue.

What type of company is liable for a violation of federal laws?

Almost any company can be held liable for actions that violate federal, state, and/or local laws. Some types of companies that may be held liable include: For-profit companies (e.g., corporations, limited liability companies, partnerships, etc.); Non-profit organizations (such as charities);

How long do you have to file a lawsuit in California?

For instance, a person who sues a company in California based on a personal injury claim, will have two years from the date they were injured to file a lawsuit against that company.

Can a corporation be sued for damages?

For example, if a person sues a corporation, both the corporation itself and its individual owners can be sued for damages. On the other hand, if a person is suing an LLC (as opposed to a corporation), only the organization itself can be sued for damages.

What are the remedies for a small business?

Some other remedies that might be available when suing a small business include: Requesting that the court issue an order stating the company is legally obligated to change their company handbooks, policies, and/or procedures; Various economic and noneconomic damages; Punitive damages or fines; and/or. Restitution.

What is a POA?

A power of attorney, or POA, is one of the most commonly used legal documents because of the numerous purposes a POA can serve. At some point in your life you will likely execute a POA, making you the “Principal” as well as be appointed as an “Agent” under a power of attorney executed by someone else. Considering how often POAs are used you might ...

Can a third party accept a POA?

Legally, a third party usually is required to accept any valid POA; however, if the Principal is available it is often easier to just execute a new POA on the third party’s form than to argue the issue. Of course, you should have your estate planning attorney review the form before agreeing to sign it though if you are the Principal.

What is a power of attorney?

A power of attorney is a legal agreement whereby the Principal (the person granting authority) grants authority to an Agent to act on behalf of the Principal in legal matters. The extent of the authority granted to an Agent by a Principal will depend on the type of POA the Principal executed. Under a general POA an Agent has virtually unfettered ...

Why do third parties refuse to honor POA?

Some of the most common reasons given by third parties include: The POA is “sta le” – a very common excuse given by third parties for refusing to honor a POA is ...

What can an agent do with a POA?

Under a general POA an Agent has virtually unfettered authority to act, meaning the Agent can use the POA to do things such as withdraw funds from the Principal’s bank account, enter into a contract in the Principal’s name, and even sell assets owned by the Principal.

What is a limited POA?

On the other hand, an Agent with a limited, or special, POA only has the authority specifically enumerated in the POA agreement. A parent, for instance, might grant a caregiver a limited POA that allows the caregiver (Agent) to consent to medical treatment for a minor child in the parent’s (Principal’s) absence.

What is POA in real estate?

Legally, a POA gives the Agent the authority to act on behalf of the Principal. Consequently, all an Agent should have to do is provide a third party with proof of the Agent’ authority by providing an original, or certified copy, of the POA agreement in order to exercise the Agent’s authority.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can a convicted felon have a power of attorney in Texas?

Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney. Can a Company Be a Power of Attorney? Yes. In Texas, you can grant your power of attorney to an entity of your choosing.

Can a doctor override a power of attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision of a power of attorney. Additionally, doctors may also refuse to honor a power of attorney’s decision if they believe that the agent is not acting in the best interest of the patient.

Can a person change their power of attorney?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of attorney.

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Do power of attorney have fiduciary duty?

Yes — but the agent always has a fiduciary duty to act in good faith. If your power of attorney is making such a change, it must be in your best interests. If they do not act in your interests, they are violating their duties.

Can a person with a durable power of attorney make a decision?

No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

What is a civil rights attorney?

The civil rights attorney you choose as your legal advocate will be knowledgeable in this type of law. They will evaluate all details of your case to show how your civil rights were violated and apply the law effectively to help you obtain the justice you deserve.

What is the right to petition the government?

The right to petition the government. The right to procedural due process. Freedom from discrimination for protected classes (sex, race, and national origin) Unfortunately, some people are mistreated based on characteristics such as race, gender, religion, or disability.

What are some examples of civil rights violations?

Some examples of civil rights violations include: Unreasonable searches and seizures. Cruel and unusual punishment. Losing a job or being passed over for a promotion due to discrimination. Abuse by a public official. Any discrimination based on a superficial quality or belief.

What are civil rights?

Your civil rights are those rights that are granted to every person in the U.S. to protect them from unfair treatment. Your civil rights include: 1 Freedoms of speech, religion, assembly 2 The right to petition the government 3 The right to procedural due process 4 Freedom from discrimination for protected classes (sex, race, and national origin)

What does a POA mean?

Second, the POA may be “springing.” That means that it will only become effective upon the incapacitation of the principal . Incapacitation must be proven according to the terms spelled out in the POA document. For example, a generic springing POA will usually indicate that at least one physician must have examined the principal and determined they are unable to manage their affairs due to mental incapacity, etc. In such a case, the bank will want to see the POA itself, the physician’s letter (s) and any other documentation needed to satisfy the requirements for activating the POA and giving you the power to act on behalf of the principal.

What to do if a bank is acting unreasonably?

If the bank is acting unreasonably, though, hiring an attorney to place a phone call or send a strongly worded letter to an employee higher up at the bank (i.e. with more authority regarding these matters) may resolve this troublesome issue and grant you access to the appropriate accounts. If all paperwork is otherwise in order, some attorneys need only threaten legal action and the bank is suddenly very happy to cooperate.

What does "durable" mean in a POA?

Durable means that the POA continues to be effective even after the principal becomes incapacitated and is no longer able to manage their finances. Seniors and their caregivers should try to use a durable power of attorney whenever possible to avoid this problem.

What is public utility?

Public utilities are companies that are either owned by a municipality, or are privately owned. For privately owned public utilities, the private owners are the companies’ shareholders. Privately owned public utilities have a twin responsibility. They must satisfy shareholder concerns.

What is the law of good faith?

This obligation to act in good faith is something the law implies, or “reads into,” the service contract between the utility and the customer. Acting in good faith and dealing fairly requires public utilities to respond to customer complaints, questions about bills, and to make terms of service clear.

What is the difference between regulated and unregulated utilities?

The main difference between regulated and unregulated utilities is that regula ted utilities, thorough monopoly, own an entire operation. For example, an electricity public utility controls the energy infrastructure (grid), the electricity meters, and the power lines. Consumers must use the services of the monopoly regulated utility, ...

What is regulated utility?

A privately owned regulated utility is one that is owned by investors, or shareholders. The utility is given a near or total monopoly on providing service in a given area. For example, in Long Island, New York, there is only one railroad company providing passenger (as opposed to freight only) transportation.

Kayla Nicole Price

I also agree with my colleagues. It is very strange that the power company would ignore a faulty meter. You should have the meter checked in your presence and that of a company representative. Make sure you communications with the power company are documented (certified mail letters, emails, etc.).

Julia Helen Sullivan

I agree that you should do some more investigation into this situation and try again to work with the power company. If that doesn't work, as was mentioned, electricity is regulated. You might consider contacting the Georgia Public Service Commission to see what other options are available to you. Good luck...

Michael David Birchmore

What does he want to sue it about? The charge? Maybe he should spend a little money and have another electrician test the meter. You should also have the power company representative present.

1 attorney answer

It is good you have a lawyer to fight to get the power back on. This is a contracts issue. You paid for a service and they are failing to honor the deal. But I highly doubt you can sue for "suffering" for having a year with no lights.#N#Suing purely for emotional distress is incredibly difficult. These are non-economic...

Eric J Trabin

It is good you have a lawyer to fight to get the power back on. This is a contracts issue. You paid for a service and they are failing to honor the deal. But I highly doubt you can sue for "suffering" for having a year with no lights.#N#Suing purely for emotional distress is incredibly difficult. These are non-economic...