Elder financial abuse cases often involve some issues that rightly rest with consideration and adjudication in California probate courts. Other issues concerning exploitation of our senior citizens, meanwhile, should be tried by a jury in the civil division of the Superior Court.
US Supreme Court Chief Justice John Roberts tells us that the jury is "vital in promoting justice" based on "common sense and judgment of the people drawn from the community."
As California probate attorneys often engaged in litigation, we find that our clients desire to tell their story of elder financial abuse to a jury drawn from the community - from their peers. This wish frequently outweighs the desire to have a single source of judgment - a trial judge.[...]
I suppose that there are times in any job or profession when we struggle with our purpose, our import, our position in the life of the community that we live and serve. A way to deal with this struggle is to look at the world around us – to look and believe that the people we meet – the people that seek us out for our advice and counsel – are important gifts in our lives. These people share the problems facing them in everyday life and seek our advice and counsel. I always feel particularly graced when called upon to assist elders who need protection and a remedy for wrongdoing. This wrongdoing often involves the abuse of a power of attorney granted by the elder to someone close to him or her – often even a family member.