Power of Attorney, Successor-in-Interest

Power of attorney litigation is complex. When an agent or attorney-in-fact breaches his or her duty under a power of attorney, the principal has the standing to sue the agent. Can anyone else other than the principal sue?

A principal’s “successors in interest” may maintain a lawsuit. “Successors in interest” includes a (1) conservator of an incapacitated principal, (2) personal representative of a deceased principal, or (3) those persons who can prove they have been damaged as a result of the actions of the agent or attorney-in-fact. Section 404.717.6, RSMo.

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