ELDER ABUSE
A trust, a will, or any document for transfer of interest in a real property may be contested and declared void due to abuse of elderly person signing the document. An elderly is a person who is 65 years or older.
Most litigation pertaining to the abuse of elderly person are initiated after the death of party signing the document. However, a lawsuit for abuse of an elderly person may also be initiated during the life of elderly person.
Under Welfare & Institutions Code §§15600-15657.5, entitled the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), an elderly, or his or her representatives, may file a lawsuit against a party for abuse. The lawsuit may include postmortem recovery for pain and suffering, attorney fees and costs, and conservator’s costs. The elderly person, or his or her representative, may also seek temporary restraining and protective orders for elder if he or she is in immediate danger of abuse. The protection of elderly under EADACPA is in addition to other remedies available to a party.
The main focus of abuse in will contest and living trust litigation is the financial abuse. Pursuant to Welfare & Institutions Code §15610.30, “financial abuse" of an elder occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
The lawsuit for elder abuse may be filed against the attorney, conservator, accountant, financial adviser, or trustee. The lawsuit may also be filed against the elder’s spouse, domestic partner, child, family members, friend, neighbor, or anyone that assists or takes, secretes, appropriates, obtains, or retains real or personal property of an elderly person for a wrongful use or with intent to defraud.
For more information call us at (310)553-5562.
A trust, a will, or any document for transfer of interest in a real property may be contested and declared void due to abuse of elderly person signing the document. An elderly is a person who is 65 years or older.
Most litigation pertaining to the abuse of elderly person are initiated after the death of party signing the document. However, a lawsuit for abuse of an elderly person may also be initiated during the life of elderly person.
Under Welfare & Institutions Code §§15600-15657.5, entitled the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), an elderly, or his or her representatives, may file a lawsuit against a party for abuse. The lawsuit may include postmortem recovery for pain and suffering, attorney fees and costs, and conservator’s costs. The elderly person, or his or her representative, may also seek temporary restraining and protective orders for elder if he or she is in immediate danger of abuse. The protection of elderly under EADACPA is in addition to other remedies available to a party.
The main focus of abuse in will contest and living trust litigation is the financial abuse. Pursuant to Welfare & Institutions Code §15610.30, “financial abuse" of an elder occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
The lawsuit for elder abuse may be filed against the attorney, conservator, accountant, financial adviser, or trustee. The lawsuit may also be filed against the elder’s spouse, domestic partner, child, family members, friend, neighbor, or anyone that assists or takes, secretes, appropriates, obtains, or retains real or personal property of an elderly person for a wrongful use or with intent to defraud.
For more information call us at (310)553-5562.