Undue Influence Defined: New Statutory Definition and Recent Case Law
Effective January 1, 2014, California adopted statutes that provide a new definition for undue influence that incorporates modern knowledge of how elders are unduly influenced and taken advantage of by those they trust. AB 140 was signed into law and is codified in new California Probate Code section 86 and California Welfare and Institutions Code section 15610.70. The prior definition of undue influence was enacted in 1872 and had never been revised. That definition was set forth in California Civil Code section 1575, [1] which was in the context of contract law. Continue reading at the Contra Costa Lawyer website…
Contested Conservatorships – Where’s The Love?!
A serious illness, such as dementia, puts such vows to the test. I certainly do not profess to be an expert on either love or dementia. But, as an elder law lawyer and court-appointed counsel for conservatees, I have observed some of the best and the worst in spouses, adult children, other relatives and friends in dealing with a loved one with dementia. Moreover, the legal process involved – most frequently conservatorships – can be part of the solution, part of the problem, or both. Continue Reading at Contra Costa Lawyer…
Wait, What?! The Trials and Tribulations of an Elder Abuse Lawyer
This article in this month’s “hot” online issue marks my somewhat dubious entry into the blogosphere. The idea of this blog is to attempt to provide some current information, anecdotes, thoughts, opinions, etc., concerning elder abuse issues. My practice increasingly involves elder financial abuse, as a litigator, court-appointed guardian ad litem and counsel for conservatees. It is appalling to see what is happening every day to many elder, disabled clients and their families.
Continue Reading at Contra Costa Lawyer…