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
Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation. It awards double damages against someone who in bad faith wrongfully takes property from an elder, in bad faith takes...more
Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity,”...more
In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more