2025 Breakout 3A | Powers of attorney - Litigation and lessons learned

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Have you ever wondered: Who is entitled to an accounting from an attorney-in-fact? How do I request one? Who has standing to assert claims against an attorney-in-fact? What constitutes a principal's "estate plan" under section 404.714.1? Can attorneys-in-fact EVER make gifts of the principals' property to themselves?! If so, then this is the presentation for you!

Learning objectives:

• Analysis of the recent Broy opinion by the Eastern District Court of Appeals.
• Definition of "successors in interest" under section 404.717.
• Rules on the attorney-in-fact making gifts of the principal's property.
• Requesting accountings.
• The definition of an "estate plan" under section 404.714.1

Speakers: Timothy F. McCurdy, The McCurdy Law Firm, LLC, Chesterfield; Aaron K. Kirkland, Kembell Woods & Martinsen LLP, Overland Park, KS

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.