Andrew Verriere highlights Governor Newsom's recently signed AB 1194, which expands the protections for conservatees and proposed conservatees in California.
When most people hear about elder abuse, they think of cruel or apathetic caregivers leaving elderly family and friends unattended or physically abusing them. But elder abuse is more than physical abuse: when someone takes any property - including real estate, cash, or any other asset or interest - from a person over the age of 65 by fraud or undue influence, it constitutes financial elder abuse.
What questions should an attorney ask before hiring someone to prepare a client’s fiduciary accounting? What are the indicia of a poorly prepared accounting? Are waivers of account ever a good idea? Should the trust document routinely waive accountings? Ever? Is there anything a trustee’s attorney can do to shorten the statute of limitations on breaches of trust disclosed in an accounting?
