Double Damages Awarded for Misappropriation of Property

In certain types of claims, the court, in addition to any other remedy available, may awards double damages.  Probate Code §859 provides for double damages for misappropriation of property belonging to a minor, an elder, a dependent adult, a trust, or a decedent’s estate through the use of undue influence or bad faith.  Probate Code §4231.5 provides double damages against persons misappropriating property under a power of attorney.  Effective January 1, 2014, those provisions were revised to provide that the court may impose reasonable attorney fees and costs as additional damages for such wrongful taking of property.

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