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    Breach of Trustees’ Fiduciary Duty – Part 4: Duty to Delegate

    At common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves.  However, our current financial system’s increasing complexity makes it unreasonable for many trustees to manage trust assets on their own.  The opportunities for investments are endless, and the sophistication of even basic financial instruments has increased since the creation of the common law duty not to delegate tasks.  As a result, it is often in the best interests of all parties – including the trustee – to enlist the help of experienced professionals who can assist with investment decisions.  Doing so ensures the trust’s assets are financially productive and protected.   When delegating his…

  • Blog Post

    Powers of Attorney: General Considerations

              While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of attorney is a straightforward and relatively inexpensive document to prepare, compared to the time and expenses that may be incurred if a court is required to settle family disputes or appoint a guardian in the absence of an instructive document.             Put simply, a power of attorney is a legal…