Power of attorney abuse represents one of the most devastating breaches of trust that can occur within families and relationships. When someone appointed to handle financial and legal affairs betrays that confidence, the consequences can be financially devastating and emotionally traumatic.

Attorney Greg McIntyre tackles this crucial topic head-on, providing a clear roadmap for addressing situations where an agent under a power of attorney acts against the principal's best interests. He explains that North Carolina law offers specific remedies when agents fail to uphold their fiduciary responsibilities. The first approach involves petitioning the court for an accounting—essentially forcing the agent to present comprehensive documentation of all their actions taken on behalf of the principal. This transparency mechanism allows a judge to review the agent's conduct and, if necessary, immediately remove them from their position to prevent further damage.

For cases where the misconduct is discovered later or after the principal has passed away, McIntyre outlines how civil lawsuits become the appropriate remedy. These legal actions can address breaches of fiduciary duty and seek restitution for funds that have been wrongfully converted to the agent's personal use. Throughout the discussion, McIntyre emphasizes the fundamental principle that agents must always act in good faith and in the best interest of the person who trusted them with this significant responsibility.

Have you noticed concerning behavior from someone who holds power of attorney? Don't wait until the situation worsens. The team at McIntyre Elder Law has extensive experience prosecuting these cases and protecting vulnerable individuals from exploitation. Reach out today to discuss your concerns and explore your legal options for holding wrongful agents accountable.

Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations.

Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.

For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. As Jane explains, "You only need one trust to hold multiple properties from multiple states." The conversation also addresses special considerations for South Carolina properties, where alternative approaches like joint tenancy with rights of survivorship provide similar protections in a state that doesn't recognize Ladybird Deeds.

Whether you're protecting your family home or managing multiple investment properties, proper estate planning prevents your real estate from becoming vulnerable to creditors through probate. Connect with the attorneys at McIntyre Elder Law in Shelby, Charlotte, or Hendersonville to develop a customized strategy that preserves your property legacy. Visit mcrlaw.com or call 1-888-999-6600 to schedule your consultation today and ensure what you've built remains protected for generations to come.

What happens when a loved one suddenly needs nursing home care and you've done absolutely no prior planning? The financial devastation can be overwhelming, but according to elder law attorneys Greg and Jordan McIntyre, all hope is not lost.

This father-son legal team walks through the stark reality of crisis planning for long-term care. They contrast the difficult path of guardianship proceedings—which require court oversight, hearings, and months of legal work—with the protection offered by properly drafted powers of attorney. As Jordan explains, "If there's a limitation on the gifting provision, it could hinder my ability to protect assets." Not all legal documents are created equal, and standard forms rarely contain the specific provisions needed for effective asset protection.

For married couples facing nursing home placement, the McIntyres offer particular hope. Even without prior planning, strategies exist to implement the "community spouse resource allowance" and other legal mechanisms that can preserve significant assets for the healthy spouse. They explain how the rules allow for protecting your home and savings while still qualifying for benefits you've paid for through years of tax contributions. As Greg notes, "The real power is being able to know the rules so well that you operate out in the open... within our rules that we allow."

The attorneys emphasize that crisis planning isn't about hiding assets but working strategically within established legal frameworks. While proactive planning always offers the most protection, their practice includes a dedicated department for helping families in emergency situations. Whether you're planning ahead or facing an immediate care need, understanding these legal strategies could save everything you've worked for. Schedule a free consultation to learn how proper planning can protect your family's financial future.