ABUSE OF POWERS OF ATTORNEY MAY CREATE PROBLEMS

By Kent Berk on March 21st, 2013 in BLOG, PROBATE LITIGATION

Powers of attorney are authorized by statute in Arizona. A power of attorney is a written document whereby one person (the principal) gives authority to act to another person (the attorney in fact). Powers of attorney may be specific (limited to a particular transaction or matter) or general.

Powers of attorney may also be durable, meaning that the power granted continues even if the principal becomes disabled or incapacitated. All powers of attorney are revocable, meaning they can be cancelled.

Problems may arise if the attorney in fact used deception or intimidation in order to obtain the power or the attorney in fact abuses the powers. For example, there have been cases where the attorney in fact has used the power to make distributions of money or property to himself, even though the power did not specifically grant authority to do so, and there was no benefit to the principal. An attorney in fact who misuses the power may be subject to claims for breach of fiduciary duty, among other claims.

Our firm handles all types of estate, probate and fiduciary related disputes. If you or someone you know has a dispute over a will, trust, estate, probate or the granting or use of a power of attorney, call or email our firm. Our lawyers give sound advice and aggressive representation.