Abuse of Power of Attorney

Phoenix, Arizona, Probate Dispute Lawyer

Phoenix Probate Lawyer Fighting Power of Attorney Abuse

A power of attorney represents an agency relationship in which the agent (called the "attorney-in-fact") acts on behalf of the principal. The agent has a unique responsibility to always act in the principal's best interest. While there are often provisions for the agent to receive pay from the principal for this service, it is generally against the law for the agent to act in a way that harms the principal's interests for the agent's personal gain.

If you suspect there has been an abuse of an attorney-in-fact's power, contact us . Arizona attorney William D. Black has more than 25 years of experience fighting to attain justice for his clients in cases where an appointed person or business entity has been abusing its power. We can help you.

Forms of Abuse of Powers of Attorney

We have the experience, knowledge and expertise to handle power of attorney issues as they arise in probate disputes :

  • Negligence and mishandling of funds: An attorney-in-fact is held to a high standard of care regarding the principal. Negligence and mishandling of funds are considered a breach of fiduciary duty.
  • Embezzlement: Through illicit self-dealing or fraud, the agent gains financial benefit from the principal against the principal's interests.
  • Invalid power: Sometimes a person or corporation gains powers of attorney from someone who lacks testamentary capacity , often by means of undue influence . This invalidates the agent's power completely. This is a common form of elder exploitation .

Resourceful, Hardworking Legal Team

We utilize the most up-to-date technological research and communications systems, along with experienced investigators and well-qualified forensic experts such as physicians, psychologists, certified public accountants, appraisers and stock analysts. We are prepared for whatever needs your case presents.

When you work with us, you get the benefit of these resources, while receiving the personalized attention of a smaller, more boutique-style law firm. We will take the time at the beginning of your case to get to know you, your situation and your legal needs so we can provide you with more individualized representation.

At The Law Offices of William D. Black , we are a small law firm with a commitment to first-rate personal, individualized service. We always take the time to get to know our clients and their legal needs. We work to tailor our services to client needs and are respectful of our clients' pocketbooks. We process cases on an hourly fee basis and in some instances may consider representing clients on a contingency fee basis. Clients are ordinarily responsible for the costs of the legal proceeding (i.e., filing fees, deposition costs, witness and expert witness fees, copying charges, etc.), but in some cases we advance those on behalf of the client and recover them upon resolution of the case.

Answers to Your Questions ∙ Contact Us ∙ Free Initial Consultations

If you are a victim of power of attorney abuse or if you think it might be a factor in your probate or trust dispute, we can advise you of your legal rights and your options for proceeding. Contact us for a free consultation with an experienced probate lawyer.

AVVO Rating | 8.8 Excellent ABA | American Bar Association American Association for Justice