In re Delp, No. 02-22-00300-CV, 2023 WL 3643668 (Tex. App.—Fort Worth May 25, 2023, no pet. h.).
The trial court removed the daughter who was serving as her mother’s agent under both financial and healthcare powers of attorney. The Fort Worth Court of Appeals affirmed the removal holding that the trial court had sufficient evidence to support her removal for breach of fiduciary duty. The justifications for the removal included financial exploitation, living in mother’s home rent free and without paying any upkeep and maintenance expenses, and neglecting her mother’s health and wellbeing. The court also explained that only one ground was necessary to support removal. The daughter’s failure to challenge the trial court’s finding that she lived in the home without paying rent or expenses was in itself sufficient to justify removal.
Moral: An agent should act solely for the principal’s benefit. Failure to do so is justification for removal.