Domestic Relations: Durable Power of Attorney-Breach of Fiduciary Duties

Staff Report//August 7, 2024//

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Defendant appealed the judgment entered in favor of plaintiffs, her siblings, on their claim that defendant had breached her fiduciary duties as the parties’ mother’s attorney-in-fact under a durable power of attorney and their request for a constructive trust. Defendant argued that plaintiffs lacked standing and that the trial court’s findings lacked sufficient evidence.

Where plaintiffs met the statutory definition of “successors in interest,” they had standing, and the parties’ mother’s unprobated will was sufficient evidence of an estate plan. However, there was insufficient evidence of the specific res over which the trial court could impose a constructive trust.

Judgment is affirmed in part and reversed and remanded in part.

Broy v. Broy (MLW No. 81881/Case No. ED111275 – 28 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appeal from circuit court, St. Louis County, Levy, J. (Henry P. Elster, for appellant) (Heather M. Hall, for respondent)