Typically, when individuals create an estate plan (will or trust), they also designate a person to act as a attorney-in-fact (agent) for financial management and health care decision making. The attorney-in-fact may be given immediate authority to act on the principal’s behalf or a “springing” power that affords them the ability to make decisions for the principal upon the principal’s incapacity.
The firm handles preparing and defending accountings of the acts and transactions of an attorney-in-fact.
On the flip side, there are times that the designated agent abuses his or her power. The agent can siphon money from the estate or sign over estate assets into his or her name. Our firm represents interested parties who believe the agent is not responsibly managing the estate assets and has breached their fiduciary duty to the principal.