| Whether acting under a power of attorney or serving as a conservator or successor trustee with the opportunity to manage or review the actions of a predecessor attorney-in-fact, fiduciaries often find themselves in the middle of high-stakes questions: Were the attorney in fact’s actions authorized? Were funds properly managed? Did the agent keep proper records, properly communicate with and follow the instructions of the principal, and seek out the advice of others designated by statute if the principal lacked capacity? In this session, experienced probate litigators and a licensed Professional Fiduciary (PPF) join forces to provide both legal and practical perspectives on preventing and defending against allegations of misconduct under a power of attorney. Attendees will learn how to spot red-flag transactions, maintain appropriate records, respond to petitions for accounting or breach, and manage complications when assuming control of a trust or estate in which an attorney-in-fact has been involved. Drawing from real-world cases and statutory insights, the presenters will equip fiduciaries to apply the Probate Code with confidence and prudence, minimizing both liability and litigation. |
F1 – Power Plays and Fiduciary Pitfalls: Preventing and Defending Power of Attorney Disputes
Speakers
Monica Yun
Keystone Law Group PC
Monica C. Yun, partner at Keystone Law Group, is a recognized voice in trust and estate litigation. She regularly handles complex probate disputes and serves as lead counsel on many of the firm’s high-stakes matters. Recently, she has authored for publications such as the Daily Journal and presented on fiduciary and probate topics for PFAC, CEB, and NBI. Monica was featured as a Top Woman Attorney by Los Angeles Magazine and contributed to several practitioner guides for CEB. Her work has earned her recognition from The Best Lawyers in America® and Super Lawyers.
James Bush
Keystone Law Group PC
James A. Bush, partner at Keystone Law Group, chairs the firm’s Professional Development Committee and is frequently retained as an expert witness in trust and estate litigation. He presents regularly on probate and fiduciary topics for organizations including CEB, PFAC, and Strafford Publications, and his insights have been published in the Daily Journal as well as other prominent legal publications. Jim has been recognized by Super Lawyers and The Best Lawyers in America® for Litigation – Trust and Estates.
Trevor Murphy
Professional Fiduciary Services
Trevor Murphy is a California licensed (#822), bondable private fiduciary. He is a partner with Professional Fiduciary Services (PFS) of California. PFS is a group of independent professional fiduciaries who serve as trustee in a Living Trust (any type of trust), personal representative in a Will, agent for Advance Health Care Directives and Power of Attorney for Financial Matters. He also is qualified to serve as a probate court appointed Conservator of the Person and of the Estate.
Along with his fiduciary duties, Trevor concurrently holds the title of President & CEO for Financial and Estate Literacy. This is a nonprofit, 501c3 organization, that presently conducts annual programming “It’s Your Estate!” and “It’s Your Money!” educational workshop series per year. The mission of Financial and Estate Literacy is to prevent financial elder abuse by educating seniors to take control of their financial, estate, and charitable giving decisions. As president, Trevor manages a network of estate planning attorneys, financial advisors, and planned giving experts that volunteer as presenters at public libraries, community centers, and senior center in Orange County.
Trevor is also a member of the Orange County Planned Giving Roundtable; OC Chapter for the Association of Fundraising Professionals; Orange County Bar Association associate member for the Trust and Estates, Elder Law, and the Conservatorship, Guardianship, and Protective Proceedings sections.
Trevor’s educational background includes a MS in Foreign Service from Georgetown University in Washington DC, with a concentration in International Business and Government. He also earned a BA in Economics from UC Berkeley. Trevor is also certified in Fiduciary Management for Trustees by CSU Fullerton.
Prior to becoming a professional fiduciary, Trevor was the Executive Director and Chief Development Officer for Save Our Youth where he handled all aspects of charitable planning and major gifts. He stewarded the largest private financial incentive merit scholarship program in California; responsible for dispersing over $500,000 annually to qualified, low-income students going to college.
While living in Washington DC, Trevor also worked as Political and Economic Risk Analyst for Overseas Private Investment Corporation (OPIC). This organization is the US government’s development finance institution that mobilizes private capital to help solve critical development challenges and in doing so, advances US foreign policy. Trevor also worked for the US State Department in the Bureau of African Affairs on their Economic Policy staff.
Other international work experience includes serving as Executive Director the Amy Biehl Foundation in Cape Town. Trevor managed a $1 million grant from USAID to develop youth violence prevention programming in post-apartheid South Africa. Trevor also served in the Peace Corps in Tanzania, East Africa where he was an Economics faculty member at a Tanzanian college.
Trevor executes his fiduciary duties by establishing trust, encouraging open communication, promoting independent thought, and attaining performance excellence and accountability. His experience will play well in working with families to resolve financial conflicts.