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Power of Attorney Self-Dealing

An attorney-in-fact acting for a principal under a power of attorney instrument has a legal obligation to act in the principal’s best interests. For this reason, certain powers must be expressly authorized to be valid. Section 404.710.6, RSMo provides, in part, that there must be express written authority in the power of attorney document for […]

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Power of Attorney Litigation

A power of attorney (“POA”) is a legal document where a principal appoints an attorney-in-fact to take actons on the principal’s behalf. The authority granted to an attorney-in-fact most often pertains to financial decisions and healthcare decisions. An attorney-in-fact owes a fiduciary duty to the principal and must act in the principal’s best interests.  The probate […]

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Improper Gifts Durable Powers of Attorney

A power of attorney authorizes one person — an attorney in fact — to act on behalf of another person — a principal. When a power of attorney is “durable,” it exists even when the principal lacks legal capacity. Given this relationship, an attorney in fact owes fiduciary duties to the principal. In terms of the […]

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