The firm represented the beneficiary of a multi-million dollar irrevocable trust who was sued by a caregiver and fiduciary engaged by the trust to provide services to the beneficiary and trust, including home healthcare. The beneficiary was a chronically ill and disabled dependent adult. The caregiver sued the beneficiary and the trustee of the trust for breach of an alleged contract of employment for life, seeking wages and benefits, plus emotional distress damages, claiming he was the friend, mentor, life coach, real estate agent, banker and employee of both the beneficiary and the trust. The damages sought exceeded one million dollars. However, the caregiver had obtained a highly suspect power of attorney and numerous so-called “donative transfers” or “gifts,” including cash, jewelry, a car, trips and more, from the trust beneficiary, all despite the beneficiary’s lack of capacity. Early in the case, we successfully eliminated the caregiver’s claims against the beneficiary on the grounds the caregiver’s contractual relationship, if any, was with the trust, not the beneficiary. We then counter-sued for the rescission of the “gifts,” and financial abuse under California’s dependent adult and elder abuse protection statutes. We successfully litigated the matter to trial, at which time the caregiver – when faced with the likely dismissal of his claims plus the prospect of our substantial counterclaims – dismissed his claims in their entity. The client’s claims were favorably resolved.
Counsel: Chad T. Wishchuk