What to do about Abuse of Power of Attorney

If you live in Montana and you believe that an agent or coagents are misusing the authority stated in the power of attorney (POA), you should contact a licensed Montana attorney at Matrium Law Group at (406) 552-7814 to discuss your options.  

An agent who is found liable for breaching their fiduciary duties, such as misuse of the principal’s property, is responsible for restoring the value. The agent is also responsible for repayment of attorney’s fees and court costs. 

If a coagent uses the principal’s property for personal gain without the principal’s permission, that coagent is said to have breached a fiduciary duty. If the other coagent is aware of the breach, Montana law requires the coagent to notify the principal.

If the principal is incapacitated, the cogent needs to take action to safeguard the principal’s best interest.

A coagent who fails to notify the principal or to take appropriate action is liable for the loss that could have been avoided. 

If you believe an agent or cogent has misused their authority, contact Matrium Law Group at (406) 552-7814 to discuss your options.