Category Archives: Beneficiary Designation

Virginia Supreme Court Upholds Judgment Against Power of Attorney Agent for Breach of Fiduciary Duty

By recent unpublished order in the matter of Harold v. Devening, Administrator of the Estate of Donald Wayne Ayers, the Virginia Supreme Court upheld a monetary judgment entered against a power of attorney agent for breach of fiduciary duty. The order provides an instructive analysis and look at the legal framework for a relatively common estate dispute scenario. The facts of the case were that the principal under the power of attorney (the person signing the power of attorney) (“Principal”) moved in with a family friend, Harold (“Agent”), about nine months before his passing. Principal passed away in 2013 with …

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Posted in Beneficiary Designation, Commonwealth of Virginia, Disinheriting Family Members, Elder Law Disputes, Family disputes, Fiduciary Duties, General, Legal Terminology, New Laws, Power of Attorney Disputes, Will Disputes \ Comments Off on Virginia Supreme Court Upholds Judgment Against Power of Attorney Agent for Breach of Fiduciary Duty