It is unfortunate to know that so many senior citizens are taken advantage of due to their vulnerability or inability to protect themselves. Usually the abuser is someone who has gained a position of trust over the elder, such as, a neighbor, caretaker, or even a family member. It is not uncommon that the elder willingly gifts money to the abuser out of loneliness and want of companionship. The abuser often persuades the elder to give them money or gifts under some sort of guise. This is called undue influence and is considered elder abuse. There has been a growing need for protection against elder abuse as our aging population has increased. Laws have been implemented to specifically protect people over the age of 65. The Elder Abuse and Dependent Adult Civil Protection Act ("EADACPA") provides enhanced remedies for causes of action that involve the abuse of elders. One of the strongest remedies that this law provides is the mandatory recovery of attorney fees and costs for litigating an elder abuse claim.
If a conservatorship is in place, elder abuse actions may be heard in probate court. Often this is a preferred venue because the probate court is familiar in dealing with the aging population and capacity issues. Additionally, a conservatorship provides enhanced remedies not available in civil court, such as, double damages for assets wrongfully taken from the conservatee's estate.
Peninsula Law has successfully handled actions involving financial abuse and has successfully obtained restraining orders against abusers.
Palos Verdes and Torrance Elder Abuse Lawyer
FOR A CONSULTATION
3220 Sepulveda Blvd., Ste. 203
Torrance, CA 90505