A conservator manages the finances of a minor or incapacitated individual, the “protectee.” “The primary purpose of a conservatorship is to provide financial assistance” to a protectee. Estate of Ewing v. Bryan, 883 S.W.2d 545, 548 (Mo. Ct. App. 1994). As a fiduciary, a conservator must handle money or property not for “his [or her]…
Legal Articles
Voidable Transactions, Trustee Conflicts of Interests, Duty of Loyalty
A trustee owes a fiduciary duty to a beneficiary. Therefore, a trustee is generally not permitted to enter into any transaction that is a conflict between the trustee’s personal interests and fiduciary responsibilities, unless (1) the transaction was authorized by the trust, (2) approved by the Court, (3) consented to or ratified by the beneficiaries,…
Disqualification of Counsel, Attorney; Conflict of Interest
Attorneys have a duty of loyalty to their clients and must work in the client’s best interests. For this reason, it is obvious that an attorney cannot simultaneously represent both a plaintiff and a defendant in the same lawsuit. Things become much more murky when a lawyer represents a client in one matter and then…