Fiduciary Representation
Executors, Trustees, and Agents under a Power of Attorney must fulfill their roles faithfully and fairly to all concerned. Conflicts of interest between a fiduciary's obligation to impartially administer the funds under their stewardship and their own self interest oftentimes arise. If a dispute arises, the fiduciary needs to know how to respond and what is and is not permitted to avoid a conflict and must always avoid conflicts of interest. In addition, a fiduciary who acts under the circumstances of the moment, must also be careful to protect themselves from "Monday quarterbacking" from an unjustified disgruntled beneficiary. Experienced legal counsel can guide a fiduciary through potentially troublesome waters.