To Win an Elder Abuse Case in Florida You Have to Prove a Fiduciary Relationship. What Constitutes a Fiduciary Relationship?

Uncategorized • Jan 7, 2016

Estate litigation in Florida takes many forms, and Florida estate lawyers do more than probate administration.Part of Florida probate litigation is ensuring that probate can happen. That means Probate attorneys Florida have to protect against Florida elder abuse. This recent appeal from California shows one important aspect of elder abuse in Florida – you have to show the Defendant was a fiduciary.

Elder Abuse in Florida

Florida estate attorneys are always on the look out for elder abuse by guardians, loved ones, caretakers and con artists.
Any will contest lawyer will tell you that this State is filled with potential con-artists trying to steal your loved one’s trust funds, or your inheritance.
So what can you do?
Florida trust lawyers know that one potential avenue is to pursue a claim for elder abuse.
So what exactly is elder abuse?
To understand this cause of action completely you may want to confer with a Florida probate lawyer on your own.
But in short the basis of the action is that someone has abused a position of trust, sometimes known as a fiduciary relationship to take advantage of someone over the age of 65.
Under 65, it cannot be elderly abuse, right?
So who is a fiduciary?
That is an interesting question in Florida probate litigation.
Check out this recent case out of California to learn more.

Shook v. Lafarre

This was an appeal from a judgment after a jury found the Defendant was liable for elder abuse and breach of fiduciary duty.
On appeal the Defendant took an interesting position.
Rather than claiming they had not breached a duty or taken advantage they rather claimed they were not a fiduciary.
In other words, regardless of how wrong their actions were, it could not be elder abuse.
Do you agree with that logic?
Should you have to be a fiduciary to be found liable for elder abuse in Florida?
Also what constitutes a fiduciary relationship in Florida?

To learn more about fiduciary relationships in Florida you may want to read this case out of California.

For a free copy of Shook v. Lafarre click here.

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