Q: Guidance on petition structure for fiduciary duty breach in TX.
I am the successor durable power of attorney (SDPOA) for my grandmother. The previous SDPOA, her daughter, misapplied $48,000 from my grandmother's bank account and refused to provide an account of her actions despite multiple verbal and written requests. Adult Protective Services validated the financial exploitation, and we are pursuing criminal charges. I am planning to file a petition in district court concerning misapplication of fiduciary property, breach of fiduciary duty, and conversion. I need guidance on whether the petition is correctly structured and if any crucial information is missing.
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A: You will need a TX attorney to draft and try such a complex suit. Collection of a judgment will be difficult also.
A:
Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.
Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.
A fiduciary can defend themselves pro se from a claim that they themselves did something wrong, but cannot prosecute a case pro se on behalf of the person to whom they owe a fiduciary duty.
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