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Estate Files Against Fidelity CEO Over Account Restrictions

EntSun News/11062726
PAWLEYS ISLAND, S.C. - EntSun -- Contact: David G. DeShaw, Personal Representative

Email: daviddeshaw@greeneaglecapital.net

Estate Files Arbitration Claim Against Fidelity CEO Abigail P. Johnson for Denial of Valid Power of Attorney and Alleged Fiduciary Misconduct

Pawleys Island, SC, June 20, 2025


David G. DeShaw, the court-appointed Personal Representative of the Estate of Cary M. DeShaw, has filed a formal arbitration claim through the JAMS arbitration forum against Abigail P. Johnson, as Chief Executive Officer of Fidelity Investments. The claim asserts that, under Ms. Johnson's executive oversight, Fidelity restricted access to estate accounts despite presenting a valid Durable Power of Attorney (POA), raising concerns of potential noncompliance with fiduciary obligations under South Carolina and Alabama law.

Mr. DeShaw served as Durable Power of Attorney for his mother before her passing in November 2024. He is now acting under formal appointment as Personal Representative, certified by the Georgetown County Probate Court. He presented a notarized and recorded Durable Power of Attorney, filed with the Georgetown County Register of Deeds, in compliance with S.C. Code 62-8-105, 62-8-301, and 62-8-120. A separate, valid POA was also executed in Alabama in 2013, in accordance with Ala. Code 26-1A-104, 26-1A-301, and 26-1A-120. Despite multiple notices and valid documentation, account access remained restricted into 2025.

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"I continue to be deeply concerned by how a large financial institution can delay or deny access to legally supported authority documents while families attempt to fulfill their loved ones' care and estate obligations," said David G. DeShaw. "My goal is to honor my mother's intentions and ensure all actions taken are supported by lawful authority."

The claim also references both state Uniform POA Acts, noting that South Carolina Code 62-8-120 requires financial institutions to accept a valid POA within seven business days or formally request additional documentation. Once received, the institution must respond within five additional business days. Failure to do so may result in compelled acceptance and liability for reasonable attorney's fees and damages.

According to the arbitration filing, no written denial explaining the rejection was provided within these statutory timeframes, and the matter remained unresolved for over 300 days despite continuing outreach. The arbitration seeks declaratory relief, injunctive remedies, and preservation of rights to pursue any further legal relief under applicable state and federal law.

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"This matter is not about accusation—it's about accountability," Mr. DeShaw added. "When institutions are entrusted with public responsibility and private custodian relationships, those duties must be honored through the law. I am committed to seeking a resolution through appropriate legal channels."

The arbitration remains active and pending before JAMS.

About David G. DeShaw

David G. DeShaw is the Personal Representative of the Estate of Cary M. DeShaw, as appointed by the Georgetown County Probate Court. He previously served as a Durable Power of Attorney and Health Care Proxy under South Carolina and Alabama law. He has submitted documentation and correspondence to multiple federal and state regulatory authorities. Mr. DeShaw advocates fiduciary transparency and legal protections for caregivers and estate representatives nationwide.

For Media Inquiries, Contact:

David G. DeShaw

daviddeshaw@greeneaglecapital.net


Source: Estate of Cary M. Deshaw
Filed Under: Financial

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