Financial Exploitation (including ARS 46-456)

Representative Cases:

FIDUCIARY BOND CLAIM - Consulting Expert for lifestyle analysis supporting a claim against a fiduciary bond.  Protected person was a physically and mentally disabled person.  Conservator was victim's parent and was removed from their position. Report used Probate Court Form 7 formatting.

FINANCIAL EXPLOITATION (ARS 46-456) - Expert witness for the defense of an ARS 46-456 claim in Arizona Probate Court.  Family member sued by siblings for mismanagement of a parent's funds prior to their death. Prepared lengthy analysis using the Probate Court Form 7 formatting.

INVESTIGATION FOR COURT APPOINTED CONSERVATOR - Retained to examine the books and records for transactions dated prior to the Court appointment of an Arizona Fiduciary as Conservator.  Vulnerable adult was mentally handicapped.  Family members are suspected of responsibility for the protected person's financial exploitation. Preliminary report submitted pending additional document production.

WRONGFUL TAKING - Expert for plaintiff mother and son against another family member alleging wrongful management, wasting, and embezzlement of a deceased relative's financial assets. Case settled following video deposition of defendant sister/aunt.

FIDUCIARY MISMANAGEMENT - Expert for elderly woman who claiming she had not received her full inheritance from her father's estate.  The trustee of the estate was the woman's uncle and a practicing attorney in the state where her father had resided prior to his death.  Reviewed the records produced and found no evidence of any mismanagement of inherited funds.