This situation serves as a reminder about how important it is to talk to a good estate planning attorney and to have an appropriately worded legal documents (and how a vague document can really mess things up).

The client needed help because he was getting sued by a business partner’s brother. The brother was upset with how the client’s and the business partner’s business was going.

But so what? The brother wasn’t a part of the company at all. If the company did well or crashed, it wouldn’t affect the brother one bit… technically.

But the business partner, a long time ago, gave his brother power of attorney over the business partner’s legal affairs. This means the brother could legally act on behalf of the business partner and do things like sue the client for perceived business wrongdoings.

Worse yet, the business partner never wanted to sue the client. The client and the business partner got along just fine. But it was the brother who charged ahead with the lawsuit anyway; it didn’t matter what the business partner wanted because the brother had power of attorney over the business partner.

Why didn’t the business partner take back the power from his brother? Because the document granting the powers, the power of attorney, was poorly drafted. The document never expired, the powers were not limited in any way, and the business partner could not easily revoke the powers he gave to his brother without going through a lengthy and costly court process.

The result? The business partner, the client, and the business suffered immensely. Similar to Britney Spears, the client and business partner had to go through a lot of suffering because someone had too much legal power over an individual that could not be easily undone.

This whole situation was completely avoidable if the documents were worded correctly.

At Legion Law, powers of attorney (and all other documents), by default, expire when you want. Specifically, the documents we provide cover your needs in emergencies only and will prevent you going through a situation like this.

If you are looking for an estate planning or probate attorney, we’d love to help. And, when life throws you a curve ball, we’ll be able to help you handle it.

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