Conservatorship of Farrant
The court held that an attorney-in-fact who controls the assets of an incapacitated conservatee is a fiduciary subject to the probate court's accounting order and may be sanctioned- including sanctions that exceed the $1,500.
Date Filed: August 02, 2021
Case Name: Conservatorship of Farrant
Case Number: B307338
Court: California Court of Appeal, Second Appellate District, Division Six
(‘The court holds that an attorney‑in‑fact who controls an incapacitated conservatee’s assets is a fiduciary subject to the probate court’s accounting order and may be sanctioned for failure to comply, and that such sanctions may be imposed in an amount and to a recipient (the estate) beyond the $1,500 ceiling of CCP\u202f§177.5 when they are meant to compensate the estate for the breach. By affirming the trial court’s accounting order, the finding of misappropriation, and the substantial daily sanctions, the decision reinforces that fiduciary duties extend to agents under a power of attorney in a conservatorship and that California probate courts have broad authority to enforce those duties and levy punitive sanctions for non‑compliance.’, ‘6f519bf1’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.