Professional Liability Blog
February 28, 2024
Ohio Court Confirms the Fiduciary Duty of a Third Party assisting an Attorney-in-Fact is only to the Principal, not the Attorney-in-Fact Individually
An Ohio court recently confirmed the scope of a duty in professional relationships with agents under a durable power of attorney. A decision last December of the Court of Appeals of Ohio confirms that where a third-party professional assists an agent acting under a durable power of attorney, the professional’s duty of care runs not to the agent in his or her individual capacity, but to the agent only in the fiduciary capacity, that is, through the agent to the principal. Hull v. Polous, 2023 Ohio App. LEXIS 4320; 2023 WL 8613552.