Full question:
As a POA I signed a note forgiving a personal loan to me. I had the permission and at the bequest of the grantor I signed their name to forgive this loan (It had already been Paid prior to this in any case.) There is now a dispute as to whether or not the grantor signed the release of this loan. I signed not to fraud but at the request of the grantor who wanted to discharge this loan formally. I as a POA was not familiar with the state law regarding this matter.
- Category: Power of Attorney
- Date:
- State: Maryland
Answer:
The outcome depends on how the document was signed. When using a Power of Attorney (POA), the agent should sign the principal's name, followed by their own name and the designation "Attorney-in-Fact." A court will likely consider whether you signed with the principal's knowledge and approval.
As a fiduciary, you have a duty of loyalty, meaning you must act solely in the principal's interest and avoid conflicts of interest. You also have a duty of care, which requires you to perform your responsibilities competently and thoroughly.
To prove a breach of fiduciary duty, the following elements must be established: (1) a relationship of trust exists between the plaintiff and defendant; (2) the defendant breached their duties; and (3) the plaintiff suffered damages. Claims can arise from any situation where one party assumes a duty to protect another.
Possible defenses against a breach of fiduciary duty claim include: (1) the statute of limitations has expired; (2) there was no fiduciary relationship; (3) lack of standing; (4) the actions were approved by the principal; and (5) the business judgment rule applies, indicating the actions were in the best interest of the corporation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.