California law provides that punitive damages may be recovered when the defendant is guilty of oppression, fraud or malice. Since the code section uses the word "or," the allegations need only establish one type of conduct.
On Thursday, October 25th, I'll be giving a talk at the Gold River Lodge of Eskaton, one of California's top retirement communities, on how seniors can keep themselves safe from fraud and elder financial abuse. The previous talk, set for Thursday, August 30th, was rescheduled to October to make room for a larger audience. The presentation begins at 9:00 AM.
You know that something is wrong - something is just not right. How do you talk with a trust litigation attorney about trust issues when you know so little?
Stories help to define us. Who we are. Where we come from. What has happened in our lives.
On Thursday, August 30th, I'll be speaking at the Gold River Lodge of Eskaton, one of California's top retirement communities, on how seniors can protect themselves against scams and financial exploitation.
Imagine that your parents are protected from elder financial abuse.
Alzheimer's disease affects Californians on an ever greater scale, and Baby Boomers are now at risk. According to the Alzheimer's Assocation, one in eight will develop Alzheimer's disease, while one in six will develop dementia. Stunningly, only half of Alzheimer's cases in America are diagnosed. That means half of all seniors suffering from Alzheimer's aren't getting the care and protection they deserve. Non-diagnosis multiplies the dangers a patient faces, from lack of proper medical treatment to vulnerability to elder financial abuse.
"Just one more thing..."
If you have an elderly loved one with Alzheimer's, you'll know how important it is to look after their safety. It's easy to worry. Maybe your parent or grandparent has left the stove on while cooking, unintentionally causing a fire hazard. Maybe they've wandered off in the neighborhood, only to be found and returned hours later by a good Samaritan. In the same way, a senior suffering from Alzheimer's, dementia or Lewy body dementia is especially vulnerable to elder financial abuse.
Hackard Law is striving to be the leading plaintiffs' trust and estate contingency fee law firm in California. This is no small task. Our state has terrific lawyers and law firms committed to the ethical and competent representation of vulnerable abused trust and estate beneficiaries. Many of the attorneys regularly prosecute civil elder financial abuse cases against well-funded defendants.
Trust beneficiary mediations are emotional. Alzheimer's, dementia, stepmothers, split families, undue influence and missing estate assets are threads that often run through the fabric of mediated estate and trust disputes. Passions run high. Feelings of betrayal mixed with grief are common to trust challengers and a protective belief of entitlement is common to the challenged.
"Honor thy father and thy mother." This commandment, deeply embedded in our Judeo-Christian heritage, is a fabric of our daily lives. A fabric that draws little reflection, that is until an event or circumstance occurs and unnerves us.