Estate and Elder Law Practitioners face a variety of unique ethical questions in their daily work. The law concerning fiduciary duties goes back centuries, if not more, and is enshrined in the common law.

Whether it is the executor, agent of a power of attorney, trustee, or guardian ad litem, the obligations of loyalty, good faith, fair dealing and honesty must be adhered to. Challenging and novel questions arise in this field very often.

This program will explore who can serve as a fiduciary, the specific duties, and to whom the duties are owed, which may not always be clear given a complicated set of facts. Next, what are the limits of the duties and what activities are forbidden? Answering these questions might not always be clear cut.

This CLE course will try to take a utilitarian and practical approach to understanding the role of fiduciaries and bring up some real world examples to provide a practitioner with strategies and tips to avoid ethics issues.