Battles between beneficiaries are part and parcel of a busy estate and trust litigation practice. Common battle recipe ingredients include a dose of dementia, simmering family differences, frozen relationships, and diced communications mixed with a wedge of sibling rivalry.
Elder financial abuse is a scourge that truly affects everyone - the rich and the poor, famous people and ordinary people, brilliant Nobel Prize winners and retired people who've never had any formal education.
Just down the street from Scott's Pharmacy and the Sevier Memorial United Methodist Church, and near a big dusty farm in Ferriday, Louisiana, you'll find a newly-christened street called Jerry Lee Lewis Avenue, named after the town's favorite son. Although Lewis is best known for a string of rock and roll hits including "Great Balls of Fire", in 2017, he became famous for something else: he's a victim of alleged elder financial abuse.
"You really need to move. This house is dangerous. It's too big. You don't need all this room - all this expense. What happens if Dad dies or is disabled? We only say this because we love you - we want what's best for you. We want you to move closer to us."
Justice Oliver Wendell Holmes, Jr. said, "The life of the law has not been logic; it has been experience... The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." I first discovered Holmes' writings in law school and I still like to go back to them to find perspective.
Elderly adults can be especially vulnerable to abuse and exploitation. That's why the California superior courts issue restraining orders - to help safeguard seniors from abuse. California residents 65 years and older can request a restraining order for the following reasons: