Financial Elder Abuse, What’s Involved and Is It Worth the Time and Expense?

Philip Barbaro, Esq., Palermo, Barbaro, Chinen & Pitzer LLP

1.5 CE/MCLE – Person
$67.50 PFAC Member – $97.50 Non Member

About Philip Barbaro

Philip Barbaro, Jr. began practicing law in and is a partner of Palermo, Barbaro, Chinen & Pitzer, LLP. He is certified as a specialist in Estate Planning, Trust & Probate Law by the State Bar of California, Board of Legal Specialization. He is the firm’s primary litigator, focusing on cases in the areas of trusts, wills, conservatorships, and other probate related matters. In addition to litigation, his practice also includes administration in the areas of probate, trust, and conservatorship estates, the preparation of wills, trusts, and related estate planning documents, and real estate transactions and litigation.
Mr. Barbaro represents trustees, beneficiaries, administrators, executors, conservators, private professional fiduciaries, and creditors.
He has presented programs to the Center for Judicial Education & Research of the Judicial Council of California as part of the “Advanced Issues in Probate and Mental Health” course; prior Annual PFAC Educational Conferences and to the Financial Planners Association of San Gabriel Valley.

About the Session

Financial elder abuse unfortunately is all too common. The professional fiduciary appointed by the court as conservator or trustee, in many cases, is in the best position to rectify the abuses suffered by an elderly person. Therefore it’s important that the fiduciary be able to identify the various means by which financial elder abuse occurs. It is equally important that the fiduciary have an understanding of the remedies available in successfully pursuing such a claim. To fully evaluate whether or not pursuing a claim is in the best interest of the estate, a basic understanding of the law and how the litigation process works is necessary. This presentation will discuss the basic elements of a financial elder abuse claim; the evidence needed, the basic components litigating the case through trial or mediation. It will also cover some of the basic steps that need to be taken to enforce a judgment or settlement.
The purpose of the presentation is to provide the fiduciary with the knowledge of the relevant law and a basic understanding of the process so that the fiduciary is in a position to make an informed decision on whether or not to pursue claim for financial elder abuse.