Falsely Accused? Defending Trustees Against Financial Elder Abuse Claims in California

Serving as a Trustee demands integrity, diligence, and unwavering commitment to your fiduciary duty. However, even the most conscientious trustees can find themselves facing serious accusations, none more damaging than claims of Financial Elder Abuse. These allegations, brought under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), carry not only financial risk (surcharge, potential loss of trustee compensation) but also significant reputational harm.

While EADACPA provides crucial protections for vulnerable seniors, it can sometimes be wielded improperly in heated family disputes or based on misunderstandings. If you are a trustee facing such allegations, mounting a robust, informed defense is critical. Burrey Law Group regularly defends trustees accused of misconduct, and here’s what you need to know:

1. Scrutinize the Claim: Initial Assessment & Procedural Defenses

Before diving into the substance, examine the procedural foundation of the claim:

• Standing: Does the person suing actually have the legal right (standing) to bring a financial elder abuse claim? WIC § 15657.3 specifies who can sue (e.g., the elder, a conservator, personal representative, sometimes an heir or beneficiary). If the plaintiff doesn’t qualify, the case may be subject to dismissal.
• Victim Status: Does the person allegedly harmed meet the legal definition of an “elder” (65+) or “dependent adult” under California law?
• Statute of Limitations: EADACPA has a specific statute of limitations (generally four years from discovery under WIC § 15657.7). Is the claim time-barred? Note this differs from the potentially shorter 3-year statute for general Breach of Trust claims based on disclosed accountings (Probate Code § 16460).
• Prior Court Orders (Res Judicata): Were the actions now being questioned already disclosed in a prior Accounting that was formally approved by the Probate Court? A final Court Order approving an accounting can bar subsequent claims based on those disclosed actions, absent proof of extrinsic fraud.
• Laches: Did the plaintiff unreasonably delay bringing the claim after knowing the facts, causing prejudice to your ability to defend? This equitable defense might apply.

2. Challenge the Core Elements of Financial Elder Abuse

The plaintiff bears the burden of proof (by a preponderance of the evidence) to establish all elements of financial elder abuse under WIC § 15610.30. Your defense should focus on demonstrating their failure to prove one or more key elements:

• Was Property Actually “Taken”? Did the alleged transaction genuinely involve taking, hiding, appropriating, obtaining, or retaining the elder’s property? Sometimes transactions are mischaracterized.
• Was there “Wrongful Use,” Intent to Defraud, or Undue Influence? This is often the crux of the defense. Even if property was transferred, the plaintiff must prove it was done wrongfully. You can defend by showing:
  • Valid Consent & Capacity: The elder possessed the necessary mental capacity and knowingly consented to the transaction freely and voluntarily. Perhaps the beneficiary even provided a written release.
  • Good Faith & Reasonable Actions: Your actions were taken in good faith, were reasonable based on the circumstances known at the time, and complied with your fiduciary duties and the required standard of care, even if the outcome wasn’t perfect (see Prob. Code § 16440(b)).
  • No Undue Influence: You did not use excessive persuasion to overcome the elder’s free will. Rebutting undue influence claims often involves showing the elder acted independently and received independent advice if applicable.
  • No Wrongful Use/Fraudulent Intent: You did not know, nor should you have reasonably known, that the action was likely to be harmful to the elder, and you did not act with intent to deceive or defraud.

3. Defend Against Enhanced Remedies

EADACPA allows for enhanced remedies like attorney fees and punitive damages if the plaintiff proves by clear and convincing evidence that the trustee acted with recklessness, malice, oppression, or fraud (WIC § 15657.5). A key part of the defense strategy is often demonstrating that even if a mistake occurred, the conduct does not meet this higher threshold required for penalties beyond compensating actual losses.

4. Understand Attorney Fee Realities

Crucially, while a successful EADACPA plaintiff can often recover their attorney fees from the defendant trustee personally, the reverse is generally not true. A trustee who successfully defends against an elder abuse claim typically cannot recover their attorney fees from the plaintiff under EADACPA itself (though recovery of standard litigation costs may be possible). Fees for successfully defending the trust may, however, be payable from the trust as reasonable expenses of administration, subject to court approval.

Serving as a Trustee demands integrity, diligence, and unwavering commitment to your fiduciary duty. However, even the most conscientious trustees can find themselves facing serious accusations, none more damaging than claims of Financial Elder Abuse. These allegations, brought under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), carry not only financial risk (surcharge, potential loss of trustee compensation) but also significant reputational harm.

While EADACPA provides crucial protections for vulnerable seniors, it can sometimes be wielded improperly in heated family disputes or based on misunderstandings. If you are a trustee facing such allegations, mounting a robust, informed defense is critical. Burrey Law Group regularly defends trustees accused of misconduct, and here’s what you need to know:

1. Scrutinize the Claim: Initial Assessment & Procedural Defenses

Before diving into the substance, examine the procedural foundation of the claim:

• Standing: Does the person suing actually have the legal right (standing) to bring a financial elder abuse claim? WIC § 15657.3 specifies who can sue (e.g., the elder, a conservator, personal representative, sometimes an heir or beneficiary). If the plaintiff doesn’t qualify, the case may be subject to dismissal.
• Victim Status: Does the person allegedly harmed meet the legal definition of an “elder” (65+) or “dependent adult” under California law?
• Statute of Limitations: EADACPA has a specific statute of limitations (generally four years from discovery under WIC § 15657.7). Is the claim time-barred? Note this differs from the potentially shorter 3-year statute for general Breach of Trust claims based on disclosed accountings (Probate Code § 16460).
• Prior Court Orders (Res Judicata): Were the actions now being questioned already disclosed in a prior Accounting that was formally approved by the Probate Court? A final Court Order approving an accounting can bar subsequent claims based on those disclosed actions, absent proof of extrinsic fraud.
• Laches: Did the plaintiff unreasonably delay bringing the claim after knowing the facts, causing prejudice to your ability to defend? This equitable defense might apply.

2. Challenge the Core Elements of Financial Elder Abuse

The plaintiff bears the burden of proof (by a preponderance of the evidence) to establish all elements of financial elder abuse under WIC § 15610.30. Your defense should focus on demonstrating their failure to prove one or more key elements:

• Was Property Actually “Taken”? Did the alleged transaction genuinely involve taking, hiding, appropriating, obtaining, or retaining the elder’s property? Sometimes transactions are mischaracterized.
• Was there “Wrongful Use,” Intent to Defraud, or Undue Influence? This is often the crux of the defense. Even if property was transferred, the plaintiff must prove it was done wrongfully. You can defend by showing:
  • Valid Consent & Capacity: The elder possessed the necessary mental capacity and knowingly consented to the transaction freely and voluntarily. Perhaps the beneficiary even provided a written release.
  • Good Faith & Reasonable Actions: Your actions were taken in good faith, were reasonable based on the circumstances known at the time, and complied with your fiduciary duties and the required standard of care, even if the outcome wasn’t perfect (see Prob. Code § 16440(b)).
  • No Undue Influence: You did not use excessive persuasion to overcome the elder’s free will. Rebutting undue influence claims often involves showing the elder acted independently and received independent advice if applicable.
  • No Wrongful Use/Fraudulent Intent: You did not know, nor should you have reasonably known, that the action was likely to be harmful to the elder, and you did not act with intent to deceive or defraud.

3. Defend Against Enhanced Remedies

EADACPA allows for enhanced remedies like attorney fees and punitive damages if the plaintiff proves by clear and convincing evidence that the trustee acted with recklessness, malice, oppression, or fraud (WIC § 15657.5). A key part of the defense strategy is often demonstrating that even if a mistake occurred, the conduct does not meet this higher threshold required for penalties beyond compensating actual losses.

4. Understand Attorney Fee Realities

Crucially, while a successful EADACPA plaintiff can often recover their attorney fees from the defendant trustee personally, the reverse is generally not true. A trustee who successfully defends against an elder abuse claim typically cannot recover their attorney fees from the plaintiff under EADACPA itself (though recovery of standard litigation costs may be possible). Fees for successfully defending the trust may, however, be payable from the trust as reasonable expenses of administration, subject to court approval.

Financial elder abuse litigation is complex and emotionally charged, carrying high stakes. Defending against these claims requires attorneys deeply familiar with EADACPA, the Probate Code, rules of evidence, and effective trial strategies. Burrey Law Group provides experienced, strategic defense representation for trustees facing these serious allegations. We work diligently to protect our clients’ rights, reputations, and assets.

If you are a trustee accused of financial elder abuse in California, it is imperative to seek qualified legal counsel immediately. Contact Burrey Law Group for a confidential consultation to discuss your defense strategy.

Financial elder abuse litigation is complex and emotionally charged, carrying high stakes. Defending against these claims requires attorneys deeply familiar with EADACPA, the Probate Code, rules of evidence, and effective trial strategies. Burrey Law Group provides experienced, strategic defense representation for trustees facing these serious allegations. We work diligently to protect our clients’ rights, reputations, and assets.

If you are a trustee accused of financial elder abuse in California, it is imperative to seek qualified legal counsel immediately. Contact Burrey Law Group for a confidential consultation to discuss your defense strategy.