A power of attorney is a document which authorizes one person — the agent — to act on behalf of another person — the principal. By statute, the principal may petition a court for an accounting of the agent’s activities under the power of attorney. In certain circumstances, the principal’s family may petition. Section 404.727,…
Legal Articles
Partnerships, Accountings
Partners owe each other a fiduciary with respect to the affairs of the partnership. Anchor Centre Partners v. Mercantile Bank, 803 S.W.2d 23 (Mo. 1991). As part of this fiduciary duty, each partner has a duty to “render on demand true and full information of all things affecting the partnership to any partner.” King v. Bullard, 257…
Trust Litigation
Trust litigation is becoming more frequent. This is due to a number of factors, such as changes in trust laws and an ageing segment of the population who created trusts. Another important factor is that the Uniform Trust Code, which has been mostly adopted in Missouri, permits a broad range of individuals to file lawsuits…
Trust Standing, Declaratory Relief; Accounting
One of the more complicated aspects of trust litigation is that usually any person who has an interest in the trust — however remote — either must be joined as a necessary party or may file for declaratory relief. With respect to declaratory relief, any person interest in the administration of a trust may file…