On May 5, 2017, Kirk Sanders spoke at the North Carolina Bar Association’s Annual Paralegal meeting in Pinehurst, NC. His one hour topic was POA Abuse and Litigation under North Carolina law.
At the course, he taught about warning signs for abuse and misappropriation by the POA agent. He spoke on the fraud triangle. The fraud triangle involves weaknesses in the situation where the agent has opportunity to mismanage or steal, there’s perceived pressure on the agent (eg. debt issues, divorce, no savings), and rationalization by the agent concerning their bad faith acts. The discussion included how to avoid attorney-in-fact abuse, including self-dealing, breach of fiduciary duty, best interest rule, and gifting violations.
The course included POA abuse litigation tips, steps in the lawsuit, and preparation for trial. Kirk has handled numerous lawsuits involving breach of fiduciary duty and power of attorney abuse cases, including one that made N.C. Lawyer’s Weekly’s Top 25 Verdicts and Settlements for 2015. In that POA abuse case, the client recovered $1.5 million that was misappropriated.
North Carolina Power of Attorney Abuse course
Kirk also handles:
Will Caveats in North Carolina (Will Contests)
Probate litigation proceedings before the Clerk of Court
Trust disputes, Trust litigation, Trust termination, interpretation of a trust
Elective Shares for disinherited spouses
Capacity issues & Undue Influence
Guardianship matters