When Does a Family Member Need a Conservator or Guardian?
A guardian is appointed to take care of most non-monetary (and often times monetary) decisions for someone who is not able to do this themselves, while conservators are appointed to handle only the actual monetary…
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In Fiduciary Breach Case, Fiduciaries Must Prove That Choices Did Not Cause Loss
The three main elements of a fiduciary breach case are: 1) a breach, 2) a loss, and 3) that the loss was caused by the breach. Unfortunately for breaching fiduciaries, they’re often the ones who…
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Can You Avoid Fiduciary Liability?
In the case of White v. Chevron (N.D. Cal 2016), the plaintiffs alleged breaches of its fiduciary duty for not choosing proper investments for plan funds, by choosing to invest in funds that performed poorly, and cost…
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Employee Dishonesty Bonds Do Not Cover Employers
An Employee Dishonesty Bond is a fidelity bond that covers your company and your customers against loss caused by employee dishonesty. These fraudulent activities can include, but are not limited to employee’s theft of money,…
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The Duties of Conservators and Guardians
Guardians and conservators are appointed to the incapacitated, the elderly, the disabled or minors to care for the affairs and needs of these wars. But what are the specific duties of a guardian and a…
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How a Court Appointed Guardianship is Established
Some people may be too young, mentally unfit, or physically unwell to be able to make financial or legal decisions. They may not be able to fully understand the ramifications of their decisions and what…
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What are California Partition Actions?
Sometimes when multiple people own a single piece of real property in California, usually in the form of land or buildings, there may be disputes regarding said property. Whether this dispute is over use or…
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What are Referees and What Do They Do?
Oftentimes there can be disputes between co-owners of land or buildings that can’t be resolved by negotiation or mediation. Their ownership interest in property can then be partitioned in a partition action. But who handles…
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Receivers vs. Trustees in Bankruptcy
Both receivers and trustees are involved in bankruptcy, but only certain types. Receivership is both a feature of Chapter 11 bankruptcy, which is used for reorganization of a business entity under the United States bankruptcy…
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