One all-too-common occurrence in estate, probate and trust litigation disputes is the exercise of undue influence by an interested party upon an elder. In cases like these, the estate and assets of the elder might seem "up for grabs" to an unscrupulous child, grandchild, or another third party. Elder financial abuse reveals itself through specific patterns and behaviors, and we can usually track a wrongdoer's steps toward gaining control of an estate. They'll employ all sorts of tricks and techniques to get their way: frequent visits, blandishments, and gifts (emotional manipulation) as well as isolation, outright intimidation, and even physical abuse. Through these methods, undue influencers can maneuver themselves into legal position f[...]

California financial elder abuse claims have exploded in the last couple of years. Success in civil courts on these claims is dependent upon proof. So how do you prove a financial elder abuse claim when the victim (the elder) has died? We start with the factual elements of a claim. California jury instructions provide a guide for these elements. That said, it is recognized that even these instructions are not intended to cover every circumstance in which a plaintiff may bring a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. In a general sense, factual elements begin with showing: that an individual (and/or his/her assistant) took/hid/appropriated/obtained/ [or] took the decedent’s property; the victim ([...]

California financial elder abuse claims have exploded in the last couple of years. Success in civil courts on these claims is dependent upon proof. So how do you prove a financial elder abuse claim when the victim (the elder) has died? We start with the factual elements of a claim. California jury instructions provide a guide for these elements. That said, it is recognized that even these instructions are not intended to cover every circumstance in which a plaintiff may bring a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. In a general sense, factual elements begin with showing: that an individual (and/or his/her assistant) took/hid/appropriated/obtained/ [or] took the decedent’s property; the victim ([...]

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. In fort[...]