 Practice
Area -- Fiduciary Violations and Elderly Issues
Spinella & Associates have developed an expertise in cases where persons involved in
the probate system have been treated unfairly. Citizens involved in the
probate process frequently need a strong legal advocate to see to it that
their rights are not abused by the process itself; that those having a
fiduciary duty to them uphold such fiduciary duty; that investment of
any money done on their behalf be done prudently; that Wills have been
executed and are administered properly; that the rights of the elderly,
disabled and infirm be upheld in all instances.
A
prime example of the commitment of Spinella & Associates to this area
is the representation of the heir who was unjustly conserved, against
his wishes (see FIRM CASES). For several years,
Spinella & Associates have fought a powerful bank and a large law
firm to protect his rights to have control over his own family monies.
Examples of areas where Spinella & Associates have acted
to protect rights of elderly, handicapped or infirm persons are as follows:
-
will contests and challenges
to conservatorships of the person and estate
- involuntary
commitments
- imprudent
investments by conservators of the estate and other breaches of fiduciary
duty
- rights
of the elderly and infirm
- preservation
of assets
- violations
of civil rights of elderly, handicapped or conserved persons
- nursing
home abuses
In
regard to the area of Title XIX issues and estate planning for the elderly,
Spinella & Associates work with an outside attorney who is also a
C.P.A., and who specializes in such issues (see Area of Practice MISCELLANEOUS/OF
COUNSEL).
FIDUCIARY
VIOLATIONS/ELDERLY CASE FILES
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