Fiduciary Litigation » Power of Attorney Litigation
Ikard Golden Jones regularly represents clients in litigation involving agents under powers of attorney.
Almost everyone who has a will has also designated a person (an agent) to act using his power of attorney. These are very powerful documents which are subject to abuse. The most common situation Ikard Golden Jones encounters is the agent who holds the power of attorney makes gifts to himself or otherwise acts to his own advantage rather than acting on behalf of the principal. On many occasions, the agent fails to keep proper records of the actions he has taken.
On the other side, frequently the agent is sued by the heirs of the principal complaining that the agent has not properly managed the assets for which he was responsible.
Like wills and trusts, powers of attorney are subject to challenge to their validity because the principal did not have capacity or was unduly influenced or there was fraud or forgery.
Ikard Golden Jones regularly represents the agents, the principals and the successors to the principal in matters arising from powers of attorney.