News & Analysis as of

Conservators Elder Abuse

Downey Brand LLP

Dementia Causes Uneasy Balance Between Freedom and Protection

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Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?...more

Downey Brand LLP

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

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Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Downey Brand LLP

Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?

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There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened...more

Downey Brand LLP

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

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When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional...more

Holland & Knight LLP

New California Legislation for Trust and Estate Attorneys to Watch in 2020

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California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020. In addition, three new laws make changes to civil discovery...more

Downey Brand LLP

A Thin Blue Line: APS and the DA Have Few Resources to Combat Financial Elder Abuse

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Seniors are vulnerable to financial elder abuse and are often victimized, but there’s a scarcity of government resources in Sacramento County and elsewhere in California to address the problem. On May 21, 2019, the...more

Downey Brand LLP

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

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While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more

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