Can a Business Entity be Liable for Elder Abuse in Florida Probate Court?

Sadly more and more estate litigation in Florida is focusing on elder and  financial abuse. Florida probate lawyersknow that guardian ad litems should be wary of financial advisors that abuse their positions of trust. Want to learn more? Check out this recent case the Court of Appeals in Oregon. 

Financial and Elder Abuse

• Florida probate litigation is about securing the rights of an estate or loved one in a guardianship.
• Part of that means that probate attorneys Florida have to go after those that you may trust the most.
• Can you think of any common areas where estate attorneys in Florida may find elder or financial abuse?
• Will contest lawyers know that caretakers and others may use undue influence to get loved ones to change their estate plans in Florida. 
• Florida estate lawyers can challenge these in a will contest, but what about other elder abuse?
• You may be able to bring a claim for elder abuse in Florida with the help of a Florida estate lawyer.
• What will you need to prove to the jury or Florida probate judge?
• That depends on what your cause of action is, talk to a Florida probate litigator.
• Check out this recent case out of Oregon.
• Can a financial firm be liable for abuse of the elderly?

Gattuccio v. Averill

• This was an appeal from Oregon, the Plaintiff appealed the trial court’s limited judgment that dismissed their claim for elder abuse. 
• The Defendant was a financial firm.
• Can they be liable for the elderly abuse of one of their employees?
• That is what the Court had to answer, what do you think the right answer was?
• Plaintiff was the personal representative of an estate that lost over half a million dollars due to one employee abusing their position and stealing.
• The Court was wrestling with whether or not the employee’s actions could be imputed onto the firm.
• That is a big liability for any financial firm after all.
• Here, the Court sided with the firm, possibly for policy reasons.
• What do you think they should have done?

Want to learn more before you make a decision?

Check out the entire case of Gattuccio v. Averill by clicking here for a free copy.

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