What is a Private Fiduciary?

An alternative to a corporate trustee such as a bank or trust company a Private Fiduciary is an agent designated under a durable power of attorney to act on behalf of the principal (person creating the document) and as a trustee in a living trust document.

When clients establish an estate plan, often they wish to designate someone other than a relative or their children to act on their behalves during their lifetimes and to settle their affairs on death. This can be for a number of reasons, including but not limited to, lack of confidence in the person’s ability to handle financial matters or to avoid possible dissension among family members.

Private fiduciary services are often preferred over corporate trustee services because a private fiduciary may deliver the services with a more personal touch and with broader discretion, rather than being confined by impersonal corporate procedures.

Why should I choose Shari Mattingly-Bevan?

The knowledge, experience and judgment that are the hallmark of a good lawyer are equally important to the role of the private fiduciary. It is because of Shari Mattingly-Bevan’s legal and financial expertise, she is more than capable of acting as an agent under a durable power of attorney and as a trustee under a living trust document for clients. Acting under these documents for a client, means that Shari Mattingly-Bevan, as the fiduciary, would manage a client’s financial assets during incapacity, and she would properly administer a client’s estate upon death.

By designating Shari Mattingly-Bevan to act for a client, it:

  1. appoints someone with the proper experience and training to manage the client’s resources;
  2. saves on legal fees during the trust administration process because Shari’s knowledge of the trust administration process;
  3. designates someone intimately familiar with incapacity and long term care issues; and
  4. provides an independent third party to help buffer family dynamics that can surface and result in dissension in these types of situations.


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