Probate Appeal Shows What You Need to Know Before You File for Elder Abuse in West Palm Beach

Florida trust lawyers know that elder abuse in West Palm Beach  can be hard to prove. Often families of victims have many questions prior to starting Florida probate litigation. Estate lawyers in Florida know some of these common questions and want to get you answers before it is too late! 

Elder Abuse in Delray Beach and South Florida

• Probate litigation attorneys know that usually when there is elder abuse there are also a few other torts (i.e. civil wrongs / lawsuits) that can be brought.
• Florida probate lawyers like to bring all the claims at once or else they risk losing them.
• Florida’s elder abuse statute requires one thing that can be hard to prove sometimes, the existence of a fiduciary relationship.
• Has your Florida estate lawyer explained what a fiduciary relationship is?
• Probate attorneys Florida know that some people in this world have a special relationship with a person whereby trust is assumed.
• Can you think of any examples?
• Some might be doctors, lawyers, accountants, therapists and caregivers.
• Florida estate attorneys know that the first step to proving that there was elder abuse is proving that the person doing the abusing was a fiduciary.
• If you cannot prove that, you do not have a case.
• So what exactly is a fiduciary?
• Check out this recent case to learn more. 

Shook v. Lafarre

• This was a case from the Appeals Court in California.
• The defendant was found liable for abuse of the elderly but appealed on a number of grounds.
• One such ground was the fact that in his opinion he was not even a fiduciary.
• Do you agree?
• What should the Court look into when deciding if someone is or is not a fiduciary for a West Palm Beach probate lawsuit?
• Does it make sense that you cannot be liable for abuse of the elderly unless you are a fiduciary?

Want to learn more before you make up your mind?

Check out the entire case by clicking here.  

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