Jordan v. Stephens

I respectfully dissent as it is my view that Georgia’s long-standing rule requiring fiduciaries to stand in a position of complete loy*11alty to their charge prevents Stephens from benefiting beyond the compensation specifically provided pursuant to OCGA § 53-12-173.

On August 28, 1987, Loree A. Veal went to Wilbur G. Stephens, Jr., a vice president at Spivey State Bank, and asked him to take over her financial affairs. Stephens agreed and, at first, refused payment for his services. Veal gave Stephens a general power of attorney providing him with express authority to act on Veal’s behalf “to do…