§ 4231.5. — 4231.5. (Amended by Stats. 2013, Ch. 99, Sec. 2.)

California § 4231.5.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.5.: DIVISION 4.5. POWERS OF ATTORNEY
• Part 2.: PART 2. POWERS OF ATTORNEY GENERALLY
• Ch. 4.: CHAPTER 4. Attorneys-in-Fact
• Art. 2.: ARTICLE 2. Duties of Attorneys-in-Fact

Text

(a)
If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances:
(1)
Any loss or depreciation in value of the principal’s property resulting from the breach of duty, with interest.
(2)
Any profit made by the attorney-in-fact through the breach of duty, with interest.
(3)
Any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.
(b)
If the
attorney-in-fact has acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, the court, in its discretion, may excuse the attorney-in-fact in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(c)
If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through
the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action to recover the property or for surcharge. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs to the prevailing party. The remedies
provided in this section shall be in addition to any other remedies available in law to the principal or any successor in interest of the principal.

Legislative History

Amended by Stats. 2013, Ch. 99, Sec. 2. (AB 381) Effective January 1, 2014.