Whether you are appointed as a guardian, conservator, personal representative, agent under power of attorney, or trustee, you now have a “fiduciary duty” to one or more other people, and the court.  This means that you have to place the interests of that person, or persons, ahead of your own in carrying out the administration of the estate, trust, or conservatorship, and must act loyally and in that person’s best interest.  Whether you are a family member, friend, or professional fiduciary, you will have the same duties and obligations to uphold, which will include reporting and other responsibilities to the court.  If you breach these duties, whether intentionally or unintentionally, you may have personal liability for that breach.

If you are appointed as a fiduciary, legal representation is important not only when a claim has been filed against you alleging wrongdoing, but also on an ongoing basis to ensure compliance with your duties.  Ongoing legal representation in your fiduciary capacity can help to maintain compliance with your duties, including proper asset management, timely reporting to the Court and beneficiaries, and avoiding conflicts of interest.

However, disputes cannot always be avoided, and if a claim has been filed against you alleging that you breached your fiduciary duties, legal representation is important to protect your legal rights and property because your liability for a breach of fiduciary duty may include not only the value of the alleged breach at issue, but the legal fees and costs for the person making the allegation against you.

The attorneys at Conover Law, LLC are experienced in representing both professional and non-professional fiduciaries, whether serving as guardian, conservator, agent under power of attorney, trustee, or personal representative.  Conover Law, LLC can represent you on an ongoing basis to advise you of your duties and responsibilities as a fiduciary, and thereby help to avoid claims ever being filed in the first place, or if claims have already been filed, effectively defend you and uphold your legal rights.