BREAKFAST MEETING

WEDNESDAY, MAY 15, 2013

(Breakfast served 7:30-8:00 a.m., Program 8:00-9:00)

NOTE:  MEETING LOCATION

GLENEAGLES COUNTRY CLUB (5401 West Park Blvd., Plano)

RESERVATION DEADLINE:  WEDNESDAY, MAY 8

(PAYMENT MUST BE IN COUNCIL’S OFFICE BY

WEDNESDAY, MAY 8)

POA – HOW CAN IT MESS UP ESTATE PLANNING?

MARK CALDWELL, ELLIOTT BURDETTE AND BRIAN THOMAS

The presentation will focus on the most common remedies available to address attorney-in-fact misconduct.  In focusing on remedies, our presentation will explain what courts can and actually will do for the principal (and his or her beneficiaries or legal representatives) when an attorney-in-fact breaches various fiduciary duties.  The presentation will discuss the most common remedies in the context of the four primary litigation goals in cases involving durable powers of attorney. We will explain how working backwards—taking a remedies-centered approach at the outset of a case—directs litigation involving a power of attorney more efficiently than examining the traditional elements of a claim for breach of fiduciary duty in their respective order (duty, breach, causation, and damages).  We take this approach because many available remedies do not require proof of all four elements.  Our presentation will discuss the most common remedies available to achieve each litigation goal.  We will explain the remedies generally and then, where applicable, the various fiduciary duties that support the remedy.  The remedies and breaches of duties applicable to other fiduciaries will supply much of the legal authority and guidance for remedying an attorney-in-fact’s conduct.  Finally, we will cover the key litigation concerns that each remedy presents.  Elliott E. Burdette received a JD degree from the Southern Methodist School of Law.  Since 1982, he has practiced law in the North Texas area with an emphasis on trust, estate, probate and related litigation.  He is the principal in the probate litigation firm of Burdette & Rice, P.L.L.C.  Mark Caldwell worked as a probate litigator since graduating from law school until he joined Burdette & Rice in 2010. He received his law degree from New England Law Boston.  Brian Thomas, Burdette & Rice, received his JD from Baylor University and has spoken extensively on probate matters to a variety of professional and community groups.

Continuing education credit pending for 1.0 Hour.

Membership dues do not include meals.  Credit Cards are not accepted. Please complete this form, enclose a check (payable to Estate Planning Council of North Texas) and mail to:  Estate Planning Council of North Texas, P. O. Box 38553, Dallas, TX  75238-8553.  THERE WLL BE 5 MEALS AVAILABLE FOR WALK-INS ON DAY OF MEETING (FIRST COME, FIRST SERVE). ALL OTHER WALK-INS WILL BE “PROGRAM ONLY”.  Members who have already paid in advance for all meetings for the year MUST register (you can send an e-mail to northtexasepc@yahoo.com) so we will have a count for the number of meals to prepare and number of outlines to print.

Member: $25 (includes meal); Guest: $30 (includes meal); Program Only (no meal): $15

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NOTE:  WALK-IN PRICES ON DATE OF MEETING:  Member: $30 (includes meal); Guest: $35 (includes meal); Program Only (no meal): $20

PATRON:  We would like to thank the following patron for their support:  The Catholic Foundation

Would your organization like to sponsor a meeting:  Sponsor for Meeting ($500 for 1 meeting):  Sponsorship for a meeting includes organization name on meeting notices, easel signage (sponsors provide signage) at the meeting, promotional brochures at meeting, a very brief (one minute) introduction to their organization at the beginning of the meeting and one complimentary breakfast at the meeting.  NOTE:  Each meeting can have more than one sponsor (conflicts will be eliminated by Council)