Representing the Fiduciary
At some point in your life, you may find yourself appointed into a fiduciary position such as an agent under a Durable Power of Attorney or a health care representative in someone’s advanced directives. You may be named as a trustee in someone’s trust or appointed as the administrator or executor of an estate. While the document that names you may contain some guiding language about what your role requires, more likely you will need to look beyond the document to determine what your duties and responsibilities are and how to carry those out.
Typically, there are laws that set forth the duties of a fiduciary such as the Connecticut Fiduciary Powers Act and the Connecticut Uniform Trust Code. When I prepare a Durable Power of Attorney for a client, I include a document that provides important information for the agent named in the document providing guidance as to how to use the document.
You can find written guidelines for fiduciaries online, but there will be instances where you will want more information, and the advice of an attorney can be very helpful. You may want an attorney to prepare documents to be filed in a probate court (such as a probate accounting), or documents that are required to be sent to the beneficiaries of a trust.
I often represent fiduciaries in these capacities, and I would be happy to assist you.
Nancy Tonucci may be reached at (860) 571-8988.