In Re George Krasnik, 2015 PR 00001
In recent years the ARDC has brought several cases against lawyer who prepared powers of attorney for property for clients who were not competent to make their own decisions. This is another such case in which a lawyer is accused of assisting someone who wrongfully made off with the property of a disabled elderly person.
Krasnik is accused of representing Jan Musalka a 73 year old Polish immigrant, who had suffered a stroke and had dementia. Krasnik never met Musalka or spoke with him. Instead, his sole contact was Stanislaw Zabielski, who met with Krasnik and informed him that Musalka wanted to give him his home.
For $200-300, Krasnik prepared a power of attorney for property, which Zabielski then used to transfer Musalka’s $130,000 bank account to Zabielski. Krasnik also prepared a quit claim deed which allowed Zabielski to transfer Musalka’s home to Zabielski.
If true, these three allegations are damming:
“6. At no time did Respondent communicate with Musaka regarding Musaka’s purported desire to deed his home to Zabielski.
ARDC Brings Another Elder Abuse Case – Where The Attorney Never Met HIs Client
7. At no time did Respondent communicate with Musaka regarding Musaka’s purported desire to allow Zabielski to act as Musaka’s agent under a power of attorney, or regarding Musaka’s purported desire to allow Zabielski to be able to withdraw funds from Musaka’s PNC Bank account.
8. At no time did Respondent meet with Musaka or take any other action to ensure that Musaka was competent and had the requisite mental capacity to enter into a contract or sign a power of attorney form.”
Krasnik is charged with violating Rule 1.1 (competence and diligence); Rule 1.2(a) (failure to discuss the matter with the client); Rule 1.4(a)(2) (failure to consult with the client and failure to discuss the quit claim deed or power of attorney); Rule 1.4(b) (failure to explain to the client the decisions necessary to allow the client to make informed decisions); Rule 5.4(c) (allowing Zabielski to direct or regulate the lawyer’s professional judgment).
Edward X. Clinton, Jr.
Published
Legal Ethics Lawyer 