If a principal-agent relationship exists, it can have a tremendous impact on a potential lawsuit. “Agency is the fiduciary relationship resulting from the manifestation of consent by an agent to a principal that the agent will act on the principal’s behalf and subject to his or her control.” Cent. Trust and Inv. Co. v. Signalpoint Asset…
Legal Articles
Power of Attorney Accounting Claims
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,…
Power of Attorney Litigation, Attorney Fees
An attorney-in-fact for a principal under a power of attorney has a fiduciary obligation to act in the best interests of the principal consistent with the terms of the power of attorney document. When an attorney-in-fact breaches his or her obligations, the principal, a family member of the principal or some other successor in interest…
Delegation by Trustee, Agents
A trust administration can be complex, particularly if it includes securities, real estate or business interests. Sometimes more than just the trustee is needed to make decisions. As a general rule, trustees are entitled to delegate to an agent duties and powers that a prudent trustee could properly delegate under the circumstances. Lorimont Place, Inc. v….