Trust Beneficiary Entitled To Treble Damages Because Theft Consistent With Accounting Actions

Cartwright v. Batner, 2d Dist. Case No. 25938, 2014-Ohio-2995. A trust beneficiary brought an action based upon allegations of fraud, bad faith, and other malicious conduct connected with abuse of a power of attorney prior to the decedent's death. The appellate court concluded that the beneficiary had standing to file the lawsuit because her interest in the trusts, which vested at the decedent's death, would have been injured by the defendant's pre-death actions as power of attorney. Additionally, the trust beneficiary had standing to bring an action pursuant to R.C. § 2307.60 because a property owner who has been deprived of property due to theft is entitled to treble damages. The appellate court found this to be consistent with actions for an accounting and to obtain relief for power-of-attorney abuse. The appellate court also held that such an action is consistent with the ability to bring actions based on an attorney's malicious conduct pursuant to R.C. § 2307.61.