The Expenditure of Attorney Fees to Remove a Conservator Does Not, on its Own, Constitute Financial Elder Abuse


The California Court of Appeal (Second Appellate District, Division Seven), in an unpublished decision, recently upheld a trial court order sustaining a demurrer to a cause of action for financial elder abuse. The complaint alleged that the administrator of an estate incurred attorney fees in removing an elderly person’s conservator for having breached of fiduciary duties in providing physical care for the elderly person. The complaint asserted that the conservator’s physical neglect, which precipitated the removal, constituted elder financial abuse.....

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Published In: Business Torts Updates, Professional Malpractice Updates, Wills, Trusts, & Estate Planning Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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