I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. California’s courts serve nearly 40 million people. In California trial courts, or Superior Courts, a judge and sometimes a jury hears witnesses’ testimony and other evidence. The judge or jury then decides cases by applying the relevant law to the relevant facts. We’re civil litigators. It’s our job to represent and obtain justice for individuals and often the injured. Part of the job of County District Attorneys, the California Attorney General, and the United States Attorney’s Office is to criminally prosecute elder or dependent adult abusers. There are many criminal statutes that elder or [...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. We’re civil litigators. County District Attorneys, the California Attorney General, and the United States Attorney’s Office criminally prosecute financial elder abusers. While we litigate in the civil courts, we learn a great deal from how law enforcement litigators prosecute financial elder abusers in the criminal courts. There are many criminal statutes that financial elder abusers may violate. For now, I’m going to focus on California Penal Code §530(a), a felony, that addresses identity theft. There are three elements that define this violation. The first element is that the defendant willful[...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. We are civil litigators. Criminal prosecutions against financial elder abusers are the rightful province of law enforcement agencies like county district attorney’s offices, the Office of the Attorney General, and the United States Attorney’s Office. While we are civil litigators, we learn a lot from and value how law enforcement agencies prosecute financial elder abusers. There are many criminal statutes that address the prosecution of financial elder abuse. In this video I will address only one: California Penal Code §368(e). This code addresses the crime of theft from an elder or a dependent adu[...]

I’m Mike Hackard with Hackard Law. We represent clients in estate, trust and elder financial abuse litigation cases throughout California. This year I’ve noticed an encouraging trend – there’s been increased media spotlight on the conservatorship industry and its record of elder exploitation. You’ve probably seen the ongoing drama of Britney Spears and her efforts to break free from what she says is an oppressive conservatorship, along with the popular hashtag #FreeBritney. There’s also the hit Netflix film I Care a Lot, which portrays a predatory conservator and her cold-blooded schemes to make millions off suffering and loneliness. And Sacramento’s ABC10 recently ran a week-long investigative series, titled The Price o[...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse litigation in California’s largest urban areas. These cases often stem from acts against a vulnerable elder. Dementia is often the source of the elder’s vulnerability. People with dementia are not always aware of their mental decline. Protective relatives and friends make their own denials. It’s hard to see a loved one going downhill. Unfortunately, this can be a tragic cover for a person suffering the ravages of dementia. While not all dementia presents the same specific set of symptoms, there are common patterns. The patient may say things like: “I can’t think properly.” “I can’t remember things.” “My head goes blank at t[...]

I’m Mike Hackard with Hackard Law. We work at being one of California’s leading law firms in estate, trust and elder financial abuse litigation. This aspiration is fueled in part by a collective quest for justice, tolerance, and fair play. Fair play means the equal and honest treatment of others. Adherence to fair play helps to ensure fundamental freedoms, family dignities, and historic rights. When fair play is discounted, unnoticed, or ignored, people suffer. The discovery of wrongdoing can have far-reaching consequences. The terms of public argument can change. We are now seeing this in California with regard to abusive conservatorships. The #FreeBritney movement, coupled with the Netflix movie, “I Care a Lot,” have weak[...]

I’m Mike Hackard with Hackard Law. We work at being one of California’s leading law firms handling estate, trust, and elder financial abuse cases. We litigate cases from Sacramento to San Diego. Our heaviest case concentrations are in Sacramento, Los Angeles, and the Bay Area. I’ve written extensively about what we do. My book, The Wolf at the Door, has been widely reviewed in newspapers, magazines, and the electronic media. Ben Franklin said, “Either write something worth reading or do something worth writing.” I think that The Wolf at the Door is worth reading. I also think that the actions we take for families in estate, trust, and elder financial abuse litigation are worth doing. Litigation is war. There are battle[...]

I’m Mike Hackard of Hackard Law. I’ve recently recommended the excellent Netflix movie, I Care A Lot. The movie is, in one sense, two films. The first – a story of betrayal. It starts with a court appointed conservator’s knock on a wealthy woman’s door. The woman, an elder, opens the door to what turns out to be a licensed predator. A scheme unfolds, stage by stage, calculated and timed, that takes the elder’s freedom and money from her. She is soon far removed from the protection of law and justice. The second part of the story evolves into a dark comedy. The film explores the murky side of the for-profit guardianship/conservatorship industry. A significant number of American families have suffered from the industry’[...]

I’m Mike Hackard. I represented my first clients in estate litigation 45 years ago. Many things have changed over the years. Among them – the emergence, power and ubiquity of the for-profit “professional” guardianship/conservatorship industry. My review of the new Netflix movie I Care A Lot is from a litigator’s perspective. I like one movie reviewer, Helen Shaw’s, take on I Care A Lot. While the movie is one work, she sees it as two films in one. She calls the guardianship opening sequences the “first film.” Her description: “a horror film about the way we exploit and ignore the elderly, particularly frightening because it’s true … demonstrating how (Rosamund) Pike’s corporate-speak pseudo-compassion makes the[...]

Elder abuse is a persistent threat to our seniors, and one of the most insidious forms is elder financial exploitation. The results can be disastrous, and they reverberate well beyond the pocketbook. Elder financial abuse can shatter a senior’s mental health. Forensic neuropsychologist Dr. Stacey Wood is an expert on elder financial abuse, and she has devoted decades to advocacy for seniors who are victims of wrongdoing. She’s seen the effects of financial exploitation in hundreds of cases and has provided expert testimony in dozens of trials in court. She’s also been an expert witness for victims represented by Hackard Law, so I can speak to her experience and professionalism first-hand. I was honored when Stacey quoted me in a[...]