The best remedy is to prevent the abuse by carefully choosing trustworthy people to act as agents, successor trustees, or conservators when preparing estate planning documents. However, if you believe that a person already designated is not acting in the your best interests, you can amend or revoke a power of attorney or revocable trust. You can demand an accounting. If there is evidence of mismanagement, the agent can be required to make restitution to you. Victims can seek assistance from law enforcement or file a civil lawsuit.
Punitive damages are available if there is evidence of oppression, fraud, or malice.
The victim, elder s conservator, the victim s spouse or agent acting under a durable power of attorney, other relative, Public Guardian, or an interested person. The Law Office of Kathleen Whitney is located in Palm Springs, California.