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Power of Attorney Counsel, Compliance and Litigation

We counsel clients acting under a Power of attorney and we represent parties who have a concept or complaint that a power of attorney has been abused.

Knowing what powers and authority you have as someone's power of attorney might appear straight forward by just reading the power of attorney document. The fact is that the "job" is full of pitfalls of liability for the unwary.

The New York Obligations Law sections that govern power of attorneys is highly detailed and complex. Being named under a power of attorney means that you are an attorney-in-fact, an agent, and a fiduciary. There are a host of duties and obligations that come with the responsibility of having control over someone else's assets and decision making. And many of the rules that apply to other fiduciaries -like executors and trustees - also apply to attorneys-in-fact.

Making the wrong decisions or failing to act can lead to personal liability and ending up on the wrong end of a law suit. We counsel clients acting as attorneys-in-fact on how to fulfill their responsibilities and the wishes of the person who entrusted them with these powers.

When it appears that a power of attorney has been abused, we represent clients who seek to hold the attorney-in-fact to account and make the estate whole.