Legal Articles

Powers of Attorney, Dealings with Third Persons

While powers of attorney are useful tools to allow one person (the attorney-in-fact) to act another person’s behalf (the principal), third-parties are sometimes distrustful of a power of attorney. A power of attorney is relatively easy to create. There are many forms online, including from state bar associations, that seemingly anyone can print and use….

Prudent Investor Rule, Asset Management, Fiduciary Litigation

A fiduciary (e.g., trustee, personal representative, etc.) has an obligation to invest and manage assets as a “prudent investor” would. When making investment and management decisions, the fiduciary should consider the purposes, terms, distribution requirements and other circumstances of the trust or fiduciary relationship. O’Riley v. US Bank, NA, 412 S.W.3d 400, 414 (Mo. Ct. App….

Breach of Fiduciary Duty, Fiduciary Litigation

Even though it crosses over many different substantive practice areas, fiduciary litigation has in many way become its own practice area. Broadly speaking, a fiduciary relationship exists between individuals when there is a “special confidence reposed in one who in equity and good conscience is bound to act in good faith, and with due regard…

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