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Power Of Attorney Did Not Authorize Creation Of Trust

October 7, 2015

Authors

Luke Lantta

Power Of Attorney Did Not Authorize Creation Of Trust

October 7, 2015

by: Luke Lantta

Because powers of attorney are often used as an elder care planning tool, they are also often used by the attorney-in-fact to manage the estate planning and finances of the principal.  The creation of a trust can be an important estate planning tool, so, if the principal wants to authorize his or her agent to create a trust, that authorization should be specifically granted in the power of attorney.  Not surprisingly, there is increasing litigation over the scope of power conveyed to an agent through a power of attorney, including litigation regarding the agent’s authority to create a trust for the principal.  In Dishman v. Dougherty, Kentucky was one of the latest states to have an appellate court weigh in.

Setting aside a

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Missouri Court Of Appeals Holds That Attorney-In-Fact Violated Fiduciary Duty

September 4, 2013

Authors

Stephen Daiker and Stephanie Moll

Missouri Court Of Appeals Holds That Attorney-In-Fact Violated Fiduciary Duty

September 4, 2013

by: Stephen Daiker and Stephanie Moll

With research and drafting assistance from Washington University School of Law student, Kelsey DeLong.

In Estate of Lambur, the Missouri Court of Appeals addressed the issue of whether an attorney-in-fact is permitted to gift the principal’s property to herself when the gift is not expressly authorized in the power of attorney.

In 2005, Verna Irene Lambur (“Irene”) executed a durable power of attorney naming her nephew’s wife, Anna Stidham (“Anna”), and Jackie Johnson (“Jackie”) as her attorneys-in-fact.  The power of attorney granted Irene’s attorneys-in-fact the following power:

To establish, change or revoke survivorship rights in property or accounts, beneficiary designations for life insurance, IRA and other contracts and plans, and registrations in beneficiary form; to establish ownership of property or accounts in my name with others in joint tenancy with rights of survivorship and to exercise any right I have in joint property; to

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How Far Does The Scope Of An Attorney-In-Fact’s Authority Extend?

December 11, 2012

Authors

Luke Lantta

How Far Does The Scope Of An Attorney-In-Fact’s Authority Extend?

December 11, 2012

by: Luke Lantta

Litigation over powers of attorney is pretty popular right now.  And a lot of the dispute is whether an attorney-in-fact is authorized to perform some act under the authority granted in the power of attorney.

In Harris v. Peterson, the Georgia Court of Appeals is one of the latest courts to weigh in on these issues.  It tackled the question of whether an attorney-in-fact can perform an act that the principal refused to perform.

The background facts can be distilled to this:

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