Usually the first step in a case of suspected financial abuse involving a power of attorney is to request an accounting and financial documentation of transactions. In cases where the agent will not share this information voluntarily, we may have to file a lawsuit in order to demand information.
Breach of Fiduciary Duty
Breach of Fiduciary Duty occurs when an estate Administrator (estates without a Will) or Executor (estates with a Will), who represents the estate and has a duty to lawfully and fairly administer the estate, breaches that duty through negligence, fraud, self-dealing, stealing assets, and similar actions. Breach of Fiduciary Duty claims usually seek to remove the fiduciary from his or her position and pay for any damages of the breach.