As people develop their estate plans, they often provide fiduciary duties to someone they can trust. Fiduciary duty refers to someone who acts in the best interest of someone else, typically in a financial matter. While estate planners believe they can trust the person to oversee their finances, some people act selfishly. They may try to personally benefit from the position, and this becomes a breach of fiduciary duty.
Estate planning should include other matters besides the distribution of property after a person dies. A person should consider a power of attorney to assure that they are protected when they can no longer make decisions or act on their own behalf, especially during an emergency. These documents must meet a variety of needs and need to be carefully planned.