Elizabeth Carter, ‘Fiduciary Litigation in Louisiana: Mandataries, Succession Representatives, and Trustees’

Fiduciaries sometimes behave badly. Misconduct might be innocuous, or it might result in the theft of someone’s entire life savings. Fiduciary misconduct appears to be a booming business thanks, in part, to an aging population. The elderly are particularly susceptible to financial abuse, including abuse resulting from fiduciary misconduct. As America’s aging population continues to grow, attorneys can expect to see an increase in the number of cases of fiduciary misconduct. Louisiana, like many states, has taken important steps to help protect vulnerable populations. Yet many gaps remain. Moreover, Louisiana lacks comprehensive guidance for practitioners and courts who deal with cases of fiduciary misconduct. This Article attempts to fill a small part of that gap with respect to three fiduciaries in the estate-planning setting: (1) the mandatary, also known as agent, power of attorney, or attorney-in-fact; (2) the succession representative, also known as the executor or the administrator; and (3) the trustee …

Elizabeth R Carter, Fiduciary Litigation in Louisiana: Mandataries, Succession Representatives, and Trustees, 80 Louisiana Law Review (2020).

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