Breach of Fiduciary Duty

[johnnyginsberg]

I was under a VA fiduciary and we downgraded to a DPOA for finances. After he was not responsive to my reasonable requests for services, I revoked the DPOA. Since that time, I have learned that he has not performed duties as I had been led to believe he would. His company has mishandled my funds, and they have not adhered to professional standards of conduct. How would I best address this?

 

[Michael Wechsler]

I'm sorry that nobody answered this earlier. I have no idea as to the specifics of the problem. The first thing you need to do is determine the clear standards that you allege have been violated. A fiduciary duty claim is not one where there might have been some negligence in getting back to you. If there are actual duties he was required to follow that were clearly failed, you need to list them and point to the failures. You need to collect your correspondences to show a failure to follow what was represented to you. In essence, you need to have a complete collection of evidence of your claim in order to negotiate with the company or provide to a lawyer to review so you can potentially sue the company for its breach of a fiduciary duty. Best of luck with this - your problem is one that probably must be reviewed by a specialist to determine the extent of the failures.