The term “successor in interest,” as of this writing, has not been defined in the context of power of attorney litigation. When someone mismanages his/her authority under a power of attorney, the principal, or his/her successors in interest, can file suit. The relevant statute defines “successor in interest”: “For purposes of this section, the principal’s…
Legal Articles
Strict Construction, Implied Authority to Act as Attorney-in-Fact
Power of attorney instruments are “strictly construed.” In re Estate of Lambur, 397 S.W.3d 54, 65 (Mo. App. S.D. 2013). While the definition of strict construction varies depending on who you ask, most agree that it calls for a more narrow, literal interpretation of a document. A strict construction, though, does not preclude “implied authority to…
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…
Power of Attorney and Attorney-in-Fact Liability
Power of attorney instruments for finances are common estate planning tools. The parties to a power of attorney are the principal and attorney-in-fact. The principal designates and nominates the attorney-in-fact to engage in specified and authorized activities on the principal’s behalf. The attorney-in-fact is a fiduciary and must act in the principal’s interests. The relationship…
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…
Power of Attorney Self-Dealing
An attorney-in-fact acting for a principal under a power of attorney instrument has a legal obligation to act in the principal’s best interests. For this reason, certain powers must be expressly authorized to be valid. Section 404.710.6, RSMo provides, in part, that there must be express written authority in the power of attorney document for…
Power of Attorney Self-Dealing, Gifts
An attorney-in-fact is someone appointed by a principal under a power of attorney to make decisions on behalf of the principal. The decisions usually relate to financial or healthcare matters for the principal. An attorney-in-fact is a fiduciary of the principal and must act in the principal’s best interests. This generally includes an obligation to…
Power of Attorney Litigation
A power of attorney (“POA”) is a legal document where a principal appoints an attorney-in-fact to take actons on the principal’s behalf. The authority granted to an attorney-in-fact most often pertains to financial decisions and healthcare decisions. An attorney-in-fact owes a fiduciary duty to the principal and must act in the principal’s best interests. The probate…
Improper Gifts Durable Powers of Attorney
A power of attorney authorizes one person — an attorney in fact — to act on behalf of another person — a principal. When a power of attorney is “durable,” it exists even when the principal lacks legal capacity. Given this relationship, an attorney in fact owes fiduciary duties to the principal. In terms of the…
Durable Powers of Attorney
A power of attorney is a document where one person or entity (a principal) grants consent authorizing another person or entity (agent) to act on his or her behalf. Essentially, under this arrangement, the agent has consent to act on behalf of the principal in certain situations and is authorized to make decisions which will…