When an individual acts as power of attorney, they must act in the best interest of the principal (the person who created the power). There is a fiduciary duty of care, loyalty, and good faith when acting as an agent, including a power of attorney.
- 2305.09(D): This relates to a claim against the power of attorney for breach of fiduciary duty. Meaning, there is a claim that the person who has been put in charge of the trust is not doing the job they are supposed to do. This must occur within four years.
- 2305.09: This pertains to wrongdoings of trespass; personal property recovery or personal property taken or detained; and also fraud. This must occur within four years.
- 1337.16(D): This refers to cases where it becomes necessary to decide whether to continue or end life-sustaining treatment and who has the power of attorney to decide such things. This must occur within 48 hours of obtaining notice. The person taking the action must inform the physician. Then, the person has two days to file a complaint in the county probate court.
For more information on Estate Planning, Probate, or Trust Administration, feel free to contact Elliott Stapleton to discuss your legal matter and provide an initial consultation in our Hyde Park/Central Cincinnati office: 2101 Grandin Road, Suite A, Cincinnati, OH 45208
Estate Planning and Probate Topics:
- Ohio Probate: Eight Things to Do When Your Loved One Dies in Ohio
- Supreme Court Ruling will have an Impact on Ohio Trust Planning
- Ohio Probate Claims and Statutes of Limitations Summary
- Changes for Cincinnati Business Owners (2019)
- What is a Due-On-Sale Clause in a Contract?
- Common Terms in Estate Planning, Wills and Probate
- Ohio Trust Claims
- Irrevocable Trust Reformations and Terminations
- Gifting Taxes and Trust Estate Planning
- Appointment of a Guardian in a Power of Attorney