Webcast The Financial Durable Power of Attorney - Defining the Agent's Duties
January 2013
The Financial Durable Power of Attorney:
Defining the Agent's Duties
Program Description:
The financial durable power of attorney is an extremely useful and powerful document that has gained widespread acceptance and use over time. However, this deceptively simple document can cause a plethora of problems when it is misunderstood or its powers are abused. Most of the recent attention given to durable powers of attorney by legal commentators has focused on cases of abuse by dishonest or unreliable agents. However, very little consideration has been given to the potential liability and other problems that an honest agent acting in good faith may encounter.
This presentation examines the role of the agent and the extent of the duties to which an agent may be held under a durable power of attorney. An understanding of the complexities of these issues is essential for legal counsel to adequately advise both the principal and the agent concerning the role, expectations and obligations of an agent.
Agenda:
11:30 AM - 12:00 PM
Registration
12:00 PM
Topics Include:
- Powers are Usually Clearly Defined-Duties Not so Much
- The Evolving Standard of an Agent's Duties
- Unexpected Duties
- Representing the Principal and the Agent-Consider the Conflict
- Drafting Considerations
1:00 PM
Adjourn
Presented by Dennis N. Whitmer, Esq.
Program Series Co-Chairs
Spencer Crona, Esq.
Brown & Hulbert, LLC
Denver, CO
Walter M. Kelly II, Esq.
Miller & Steiert, PC
Littleton, CO
Faculty
Dennis N. Whitmer, Esq., is a Special Counsel with the firm of Hamilton, Faatz and Waller, PC. His practice concentrates on representing fiduciaries and he has recently served as an expert witness in a number of cases involving complex fiduciary administration issues. He is a retired corporate trust officer with over 31 years of experience. He was most recently with Colorado State Bank and Trust N.A. from 1987 through 2011. He is a member of the CBA and is a past Chair of the Trust and Estate Section. He has served as the Chair of the Statutory Revisions Committee and as a member of the Orange Book Committee (Colorado Continuing Legal Education - Estate Planning Forms). He has also recently served as the Chair of the Statutory Revisions Sub-Committee which reviewed the Uniform Estate Tax Apportionment Act, which was adopted in Colorado in 2011. He has made numerous presentations for CBA Continuing Legal Education.
Registration Fees
| Non Member | $59.00 |
| CBA | $39.00 |
| TRUST | $29.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 1.00
- Ethics Credits: 0.00
- EDI Credits:
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