Financial Powers of Attorney

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Financial powers of attorney give the named agent broad control over the principal’s assets and thus are a key component of estate planning. Such powers allow the agent to help if and when the principal becomes incapacitated. A corrupt agent, however, may use powers of attorney as a “license to steal.”

Agents who favor themselves may end up in hot water, accused of breach of fiduciary duty. That’s the lesson of Pool-O’Connor v. Guadarrama (2023) ___ Cal.App.5th ___, a case involving an agent who wrongfully used a joint account to handle his uncle’s money.

Studies and surveys reveal an equity gap in estate planning.  Americans in communities of color are less likely to have plans in place, a troubling disparity given how important estate planning is for all of us.

Advance health care directives allow elders to choose a decision maker and to express preferences as to palliative care…

Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements.

Upon admission to virtually any RCFE, a new resident will be asked to sign a stack of documents including an agreement to submit any future dispute to arbitration. …

Recent decisions by the California Court of Appeal have heaped stress on the owners/operators of residential care facilities for the elderly (“RCFEs”).

RCFEs, like other businesses, would prefer to avoid the court system and jury trials by obtaining residents’ consent to the arbitration of any disputes that might arise. But as California appellate courts are…

There’s a saying amongst attorneys that “bad facts make bad law.”  By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing.  That’s arguably what happened in Conservatorship of Farrant (2021) 67 Cal.App.5th 370, a decision issued this month by the California Court…

A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California Probate Code section 859, which allows doubles damages for the wrongful taking of property under specified circumstances.

In Keading v. Keading (2021) 60 Cal.App.5th 1115, the Court of Appeal ruled that a…

Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039.  Last week, the Court of Appeal issued the first published opinion in California that affirms a judgment in favor of a plaintiff on an IIEI claim, thus providing…

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets.  But many disputes, or at least potential disagreements, involve people who can’t fend for themselves, such as mentally incapacitated adults, children…

A new case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act.

In Arace v. Medico Investments, LLC (2020) 48 Cal.App.5th 977, a San Bernardino County jury found the owner of a residential care facility for the elderly liable for the financial elder abuse of a resident, but did not award any damages on that claim.  Nonetheless, the court properly awarded legal expenses to the plaintiff as the prevailing party.  This broad view of a plaintiff’s entitlement to legal expenses shows the bite of the Elder Abuse Act and will encourage elders and their advocates to pursue financial elder abuse claims.

Scientist in a laboratoryWhat a difference a few weeks make!  A month ago, the COVID-19 virus was a distant threat.  Over the last few weeks, California courts and law offices have closed, leaving families at home and uncertainty as to when “normal” will return.

Colleagues share that COVID-19 has led to a flurry of calls from clients who want to push forward to complete estate plans that they had left unfinished.  Folks who never had estate plans also are seeking to get them done.

California’s estate planning formalities, however, create challenges in our pandemic situation.