Legal Question in Legal Ethics in Nebraska

Durable Power of Attorney

What is the fiduciary responsibility of a durable power of attorney? Can they be held accountable for misuse of funds?


Asked on 10/18/00, 6:23 pm

1 Answer from Attorneys

Stanley Spring Spring & Spring, LLC

Re: Durable Power of Attorney

A durable power of attorney is a matter of state specific laws. Generally, one can give a power of attorney with specific limitations of authority including a requirement to post a bond if desired. Normally powers of attorney are issued without a bond. The agent-in-fact is normally required to use a standard of reasonable prudence on behalf of the person granting these powers.

I would suggest that since these matters are governed by state specific statutes and judicial interpretations, you get an attorney admitted to practice in your state and get their legal advice. Also, don't be afraid to ask him or her to show you the statutes and cases upon which he or she is giving you an opinion. You don't need to be a lawyer to read the statutes and cases.

Good luck and best regards.

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Answered on 11/14/00, 11:52 pm


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