What Is Fiduciary Litigation?

Fiduciary litigation usually includes matters like power of attorney, administrator of an estate and guardianship. A person in one of these positions would be referred to as the fiduciary during litigation. Part of a fiduciary attorney’s job is to prove, or disprove, that someone is worthy of being a fiduciary in court. Another aspect of this type of lawyer’s job may be to claim that someone does, or does not need, a fiduciary in court.

Are Fiduciary Lawyers Civil Or Criminal Attorneys?

Fiduciary lawyers are considered to be civil attorneys. The defendant has not committed a crime. Usually, the defendant is someone who has lost his ability to make competent decisions. It is a fiduciary attorney’s job to use expert testimony, mainly from his physicians, to prove that the person is incompetent. This will show the judge that he does need a power of attorney over him.


A fiduciary attorney’s job may also be to fight for someone’s parental rights. After a child’s parents are diciest, someone must be the caregiver. If a godmother or father was not established by the parents before their death, this creates the need for a battle in court.

In Fiduciary Litigation, Does The Person Who’s Been Declared Incompetent Have The Right To Debate A Decision By The Power Of Attorney?

This happens fairly frequently. If an individual acts on behalf of someone as their power of attorney, and there is some disagreement over it by the other person, a breach of fiduciary duty can be filed. That’s why it’s often best to ensure that the person who is named the power of attorney is really in the best interest of the other person. Fiduciary attorneys are supposed to make sure they are.

How Do I Pick Out A Fiduciary Attorney?

It’s rather simple to find a good fiduciary attorney these days. Simply go to an attorney review like Avvo.com. You’ll be able to find quality reviews from actual clients. They have litigation attorneys listed for every area in the United States. If you are not located in the United States, there’s a similar review site like it for your country.

An Expert Lawyer Isn’t The Only Professional Who Matters In This Type Of Litigation

In power of attorney cases, it’s common for a physician to testify against, or on behalf, of the patient. If you are trying to prove that someone needs a power of attorney, you will certainly benefit from finding a qualified and respected physician to side with your case.

When it comes to guardianship cases, it’s likely you’ll need the child on your side. Especially if that child is over the age of twelve. Most judges will take a kid’s request after he’s hit that age. All of them will at least listen.

To Learn More, Talk With An Attorney

An attorney can tell you how to advance if you are, or want to become, involved in fiduciary litigation. Find a qualified lawyer that’s backed by loads of legitimate, customer reviews. He or she will be willing to answer all your questions.