Breach of Fiduciary Duties


Under South Carolina law, trustees owe fiduciary duties to trust beneficiaries.  Oftentimes, a trustee might not act in the best interests of the beneficiaries and might instead act in furtherance of the trustee’s personal interests.  The South Carolina Trust Code requires the trustee to act with good faith in all transactions affecting the trust and imposes upon the trustee obligations to properly account for receipts and disbursements from the trust property.

Fata Law has litigated and tried trust cases for over 20 years.  If you are a beneficiary of a trust and have questions concerning your rights, you should contact Fata Law.

Power of Attorney

Similar to a trustee, a person or agent acting under a power of attorney is a fiduciary and must act in furtherance of the principal’s best interest.  Effective in 2017, South Carolina enacted the South Carolina Uniform Power of Attorney Act.  The Act provides safeguards to ensure the principal is not disadvantaged or financially harmed as a result of an agent’s wrongful actions.  If you or a loved one suffered financial loss due to an agent’s improper actions under a power of attorney, you should consult Fata Law to determine your rights and remedies.