In Florida, many estate planning attorneys Palm Beach Gardens write wills, living trusts and powers of attorneys for clients. When you name your successor trustee Florida, and your power of attorney, you need to name someone who you trust. After all, they might have to sue someone to protect you and your money if you are becoming vulnerable, or incapacitated, and you can’t fight for yourself. So, who can you trust to be in charge of your money, wealth, property and who also can protect and care for you, the person? Who can you put in charge of your entire financial world? What happens if things go bad? What if your relationship with your personal assistant or companion deteriorates or your friends or family don’t trust your caretaker? Well, many probate lawyers Florida know that you can amend your estate planning documents and change the trustee Palm Beach or revoke the power of attorney Florida. But what if you are no longer competent? What do you do if you have slowed down due to dementia or Parkinson’s or Alzheimer’s? What do you do if you are not getting along with your daughter or son or friend and you named them as your trustee and power of attorney Florida? Well sometimes, your power of attorney can be your saving grace. Consider reading this August 11, 2015 case of Christensen v. Roach, 2015WL 4755535, from the Court of Appeals of Washington, Division 2, No. 44340-6-II. This power of attorney lawsuit is an appeal from the Kitsap Superior Court, where Judge Jeanette M. Dalton was the judge. In that case, an attorney in fact and successor trustee filed a petition in an attempt to protect his principal, a guy named Larry. Protect Larry and his money from whom? A caretaker and companion. Well…… any family member who just learned that dad or mom has a full time companion will want to read this caretaker and personal assistant case. Also, if there are any adult children out there, and dad or mom just let his or her personal assistant move into the house, you may want to read this August, 2015 legal opinion on a restraining order against your successor trustee and power of attorney.
Larry Sets Up Estate Plan with Power of Attorney & Living Trust
- There was this guy named Larry who set up an estate plan
- He evidently had a friend named Jennifer. I don’t know much more, and the legal opinion on this companion caretaker lawsuit does not tell us much more about their relationship.
- 1996 Larry signs a durable power of attorney naming Richard as his attorney in fact should he later become incompetent or disabled
- This sounds like a so called “sprining power of attorney”, which we do not have any more in Florida. In fact, in Florida, we just changed our Florida power of attorney laws recently.
- Want to read the Florida POA law? Here is the free link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0709/0709PARTIIContentsIndex.html
- Evidently Richard, as power of attorney, was looking out for Larry when Richard filed this lawsuit seeking protection for Larry, who is or may have been a “vulnerable adult”
Larry Creates Revocable Living Trust Giving Jennifer an Interest in the Trust
- April 2012: Larry signs a living trust naming himself as original trustee and Richard assuccessor trustee in case he becomes incapacitated or dies
- In other words, under his revocable living trust, if he can’t manage the trust, Richard is in charge of all that trust money
- Who determines if you are incapacitated and should no longer be the trustee of your living revocable trust?
- In this case, Larry named 3 people to make that decision about incapacity, one of those people was his companion or caretaker Jennifer
- In Florida, estate planning lawyers Palm Beach often use a treating physician or the client’s regular attending physician or some other mechanism to authorize a medicaldoctor to state if you can’t be the trustee of your living trust Florida anymore
- Under Larry’s revocable trust, he kept all rights to income and property and control as long as he was competent
- So, where does Larry’s revocable trust go at his death?
- At his death, Larry’s living trust goes to Richard and then to members of his family
- OK; sounds like Richard is a valued friend or family member and someone who Larry trusts
- That’s important in financial exploitation cases. Why? Because if someone with a trust and money in Florida becomes incapacitated, and is being financially exploited, who can sue the theif or the person who is doing the financial exploitation? This is often an issue of legal standing, and in these Florida elder abuse or Florida financial exploitation cases, many times, powers of attorney and trustees of revocable trusts have the legal ability to sue and try to get the money back or to otherwise protect a vulnerable senior citizen.
- Hmm…… might there be tension between Jennifer and the family members who are evidently remainder trust beneficiaries or what trust lawyers Florida call remainder beneficiaries?
Parkinson’s : Larry Shows Signs of Parkinson’s– Jennifer uses Larry’s ATM Card While He’s in the Hospital
- 2009: Larry shows signs of Parkinson’s
- Jennifer’s relationship with Larry appears to grow closer although we don’t know all the facts from this appellate opinion
- Jennifer began working for Larry near the end of that year, cleaning and organizing the home for $100 a day
- Jennifer becomes a personal assistant
- She moves in to Larry’s house to become his full time companion
- Larry takes her to Scandinavia in the summer of 2012
- September 24, 2012: Larry trips over a box and goes to the hospital
- While Larry is in the hospital, Jennifer used his ATM card to take $2500
- At least three people heard Jennifer yell at Larry
- Jennifer is confronted by Larry’s family members about the large ATM withdrawals she made from Larry’s accounts
- You should read the rest of the opinion to hear about the yelling and screaming
- November 2, 2012: a petition is filed for the protection of a vulnerable adult, to attempt to protect Larry and to restrain Jennifer from interacting with Larry
- I’ll let you read the facts of the case on your own, but know that, in Florida, probate litigators West Palm Beach may indeed seek a restraining order against someone. Atemporary restraining order, or Florida TRO, may be obtained under very special circumstances. Yes, you can seek a restraining order against someone who isfinancially abusing an elderly person and you can seek a restraining order against someone who is the cause of financial exploitation.
- WHO files the restraining order lawsuit Florida is a matter of standing in Palm Beach probate court, and whether filing for a guardianship Palm Beach is a good decision, will depend on a number of facts and circumstances of one’s particular case
Want to read this opinion on a restraining order being sought by a trustee and a power of attorney against a personal assitant and full time companion? Here is the free link: http://www.courts.wa.gov/opinions/pdf/D2%2044340-6-II%20Unpublished%20Opinion.pdf