September 2021
By: Joel Krooks, Esq., Littman Krooks LLP

A Power of Attorney is a very powerful legal document which allows a person (referred to as a principal) to appoint another person (referred to as an agent) to assist with the principal’s finances on their behalf. Often, spouses, children or siblings act as agent for the principal. However, many agents accept their role without understanding the responsibilities and potential litigation commenced by an interested party that may arise from their appointment. An interested party can include but is not limited to a monitor, a co-agent or successor agent, a government entity, or someone appointed by the court.

Breach of Fiduciary Duty and Removing Agent
First, an agent owes a fiduciary duty to the principal. This means that an agent must act in the best interest of the principal. The agent is required to act as a prudent person would if it were their own assets. If an interested party believes that the agent is not acting in the best interest of the principal or is not acting in a prudent manner, then that person may have the right to bring a breach of fiduciary duty claim against the agent. The person bringing the action will need to prove that the agent breached their fiduciary duty. An interested party can commence a legal proceeding to remove an agent on the grounds that the agent violated, or is unfit, unable or unable to perform, the fiduciary duties under the power of attorney. 


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