QUESTION
Does disbarment of an attorney by the state Supreme Court negate a power of attorney drawn up and signed by said attorney?
Asked on Jan 22nd, 2016 on Estate Planning - Georgia
More details to this question:
My elderly parents paid an attorney to draw up a POA. The POA has been signed off by the attorney and motorized. The attorney wS recently disbarred by the Georgia state Supreme Court for misappropriating funds and SEC fraud. Does disbarment negate earlier legal documents signed by the attorney?
1 ANSWER
4 Awards
No, if the power of attorney was properly signed by the principal (the appropriate parent) and witnessed correctly, the fact that it was prepared by a disbarred attorney does not invalidate it. However, if your parents have any concerns about the power of attorney and whether it is well-drafted or valid, they should certainly have a licensed attorney who practices in the area of estate planning give it a look.
Answered on Jan 24th, 2016 at 1:37 PM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.