Legal Question in Credit and Debt Law in Massachusetts

Re: Power of Attorney Abuse

Generally speaking, a power of attorney is a document whereby one party (the "principal") grants another party (the agent or "attorney in fact") the authority to act on his/her behalf for his/her benefit and subject to his/her control. The principal places his/her trust and confidence in the agent ( thereby creating a "fiduciary" relationship) and , as such, the agent owes certain duties to the principal,among them being loyalty, obedience and care. The agent can be liable to the principal in a number of different circumstances, particularly when the agent exceeds his/her authority granted by the principal or when the agent fails to perform those duties requested by the principal. That being said, based upon the facts you articulated, it seems that your girlfriend's ex husband ( the agent) may have failed to perform the duties entrusted to him by your girlfriend ( the principal) and,thus, may be liable under a theory of breach of contract of breach of the agent's fiduciary duty. Please feel free to contact my office for a more detailed analysis of your particular situation.