Attorney Duties

The Estate and Protected Individuals Code (EPIC) requires that an attorney-in-fact (also known as a power of attorney)

- Act in accordance with the standards of care applicable to fiduciaries acting under durable powers of attorney

- Take reasonable steps to follow the instructions of the principal

- Upon request of the principal, he/she must keep the principal informed of his/her actions

- Provide an accounting to the principal upon request of the principal, to a guardian or conservator appointed on behalf of the principal upon the request of that guardian or conservator, or pursuant to judicial order

- Not make a gift from the principal's property, unless provided for in the durable power of attorney or by judicial order

- Unless provided in the durable power of attorney or by judicial order, he/she, while acting as attorney-in-fact, shall not create an account or other asset in joint tenancy between the principa


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