46:2B-8.13 - Fiduciary status and duty to account - New Jersey Statutes

46:2B-8.13  Fiduciary status and duty to account.

13.Fiduciary Status and Duty to Account.

a.An attorney-in-fact has a fiduciary duty to the principal, and to the guardian of the property of the principal if the principal has been adjudicated an incapacitated person, to act within the powers delegated by the power of attorney and solely for the benefit of the principal.

b.The attorney-in-fact shall maintain accurate books and records of all financial transactions.  The principal, a guardian or conservator appointed for the principal, and the personal representative of the principal's estate may require the attorney-in-fact to render an accounting.  The Superior Court may, upon application of any heir or other next friend of the principal, require the attorney-in-fact to render an accounting if satisfied that the principal is incapacitated and there is doubt or concern whether the attorney-in-fact is acting within the powers delegated by the power-of-attorney, or is acting solely for the benefit of the principal.

L.2000,c.109,s.13.