Power of Attorney
Often we give a Power of Attorney or an Advanced Healthcare Directive, sometimes referred to as a Healthcare Power of Attorney, long before it is ever needed, and very often to someone who may or may not understand what, exactly, they can and cannot do with those documents. And sometimes, the people we entrust with (or get by other means) a Power of Attorney or Advanced Healthcare Directive use those documents for their benefit, not ours. We routinely counsel clients on what powers these documents provide, and their limitations, and, all too often, we find ourselves answering questions and, sometimes, litigating on behalf of clients who hold or those whom have been taken advantage of by others holding a Power of Attorney or an Advanced Healthcare Directive involving issues related to abuse of authority, including financial elder abuse claims, as part of our trust, estate and probate litigation practice. And when a Power of Attorney or an Advanced Healthcare Directive is insufficient, we can discuss and handle establishing a conservatorship for you or your loved one.
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, misfeasance and malfeasance in estate administration, investment mismanagement, financial elder abuse, incapacity, and undue influence.
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively.
Financial elder abuse is one of the fastest growing areas of the law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity.
When your loved one is incapable of handling his or her affairs, whether financial or his or her own care, it may be time to consider establishing a judicial conservatorship of the person (the personal care of the conservatee) or conservatorship of the estate (the care of the conservatee’s finances), especially where your loved one may be the subject of financial or other elder abuse by someone.
David Greco is an attorney in the San Diego office of RMO LLP, which he helped launch. He represents beneficiaries, as well as professional and corporate fiduciaries – e.g. administrators, executors, trustees, conservators, and guardians – in contested trust, estate, and probate litigation matters, as well as related estate administration issues. He also handles litigated business, employment, appellate, attorney liability, and education disputes. A business owner, David uniquely understands the needs of companies of all sizes and carefully tailors his representation to fit each client’s unique situation. David also dedicates a portion of his practice to representing underserved and marginalized communities in various matters.