What is the expected standard of care for a paid attorney under power of attorney?

The expected standard of care for a paid attorney acting under a power of attorney is defined as that of a reasonable person in business managing property. This standard requires the attorney to exercise the level of care, skill, and diligence that a prudent person would typically use in similar circumstances while managing their own affairs or the affairs of others.

This standard is primarily rooted in the trust and fiduciary relationship established when one person grants another the authority to act on their behalf. The paid attorney must ensure that their decisions are in the best interest of the person they represent, which involves a careful assessment of the circumstances and effects of their actions related to property management.

This contrasts with a minimal effort standard, which would imply a lack of diligence or commitment; a charitable intent standard, which would pertain to a volunteer or non-profit situation and generally involves lower levels of scrutiny; and an expert standard of care, which would apply in situations demanding specialized skills and knowledge, rather than in typical contexts of property management under a power of attorney. Therefore, the reasonable person standard effectively balances expectations of care with the nature of the attorney's engagement in managing another person's property.