Florida’s Duty of Loyalty For Trustees, Personal Representives in Florida Trusts & Estates

In Florida, trust attorneys, estate administration attorneys, and attorneys who are involved with wills, trusts and estates know that a fiduciary owes a duty of loyalty to those they serve.   A  Florida trustee, a Florida personal representative, even one who is the attorney-in-fact, or “power of attorney” under a Florida power of attorney document, owes a duty of loyalty to those they serve.  For  Florida trustees, the duty is owed to beneficiaries.  For Florida personal representatives, the duty is owed to all “interested” persons of the estate.  And for Florida guardians or Florida “powers of attorney”, that is to the ward or the principal:  the person who is incapacitated and the subject of the guardianship, or the person who created the power of attorney document, as the case may be.   That duty of loyalty is a promise to place that interests of the person you have agreed to serve above all others’, including your own.  Your duty of loyalty is 24/7: no time outs or weekends off.  Be faithful and loyal and place that person’s (those persons’) interests  above all others.   Protect them.   Advocate hard. Litigate smart.