Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Durable Power of Attorney Creates Fiduciary Relationship

By Dane Patrick on January 20, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

A recent court of appeals discussed the significance of the fiduciary relationship created when someone signs a power of attorney authorizing another to act as their agent.  (Jordan v. Lyles, 485 S.W.3d 785 (Tex. App. – Tyler 2015)).  In this case, Bud executed a durable power of attorney appointing his stepdaughter as his agent. Subsequently, Bud, with the help of his stepdaughter, completed some forms making his stepdaughter the sole beneficiary of Bud’s bank and annuity accounts.  As a result, when Bud died these accounts vested in the stepdaughter and did not become part of Bud’s probated estate.

After Bud’s death, the stepdaughter withdrew the money from the accounts and liquidated the annuities.  Bud’s heirs sued the stepdaughter for breach of fiduciary duty.  The court held that the power of attorney created a fiduciary relationship between Bud and his stepdaughter as a matter of law. Even in the case of a gift between parties with a fiduciary relationship, the law presumes the gift to be unfair and invalid.  The recipient of the gift must prove that the transaction was fair and reasonable.

The jury found that Bud’s stepdaughter breached her fiduciary duty, under the circumstances of this case, and awarded damages to the heirs. The court of appeals upheld the jury award.

Photo of Dane Patrick Dane Patrick

Dane Patrick has has over three decades of experience in representing businesses, individuals, and families in high-stakes commercial litigation, building a reputation for trusted advocacy and strategic counsel. He currently focuses his practice primarily on fiduciary and real estate disputes.

Read more about Dane PatrickEmailDane's Linkedin ProfileDane's Twitter Profile
  • Posted in:
    Trusts, Estates and Elder
  • Blog:
    Texas Commercial Litigator
  • Organization:
    Langley & Banack, Inc.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo