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An agent may act on behalf of the principal, but what if the agent does not act? Suppose the attorney-in-fact for an incompetent person fails

  • An agent may act on behalf of the principal, but what if the agent does not act? Suppose the attorney-in-fact for an incompetent person fails to file a lawsuit within the limitations period. Is the claim barred? See Sullivan ex rel. Wrongful Death Beneficiaries of Sullivan v. Chattanooga Med. Investors,221 S.W.3d 506 (Tenn. 2007).

  • Suppose that the attorney-in-fact retains an attorney to assist in matters relating to the POA. Could this possibly cause anattorney-clientrelationship between the lawyer and the person who created the POA (who may be incompetent)?See Estate ofKeatingev. Biddle,789 A.2d 1271 (Me., 2002).

Reference: Vietzen, L. A. (2011).Elder Law for Paralegals. Wolters Kluwer Law and Business.https://online.vitalsource.com/books/9781454809647

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