Search Results for 'elder'
Elder abuse is a crime that can be tackled through any number of legal proceedings, be they probate, civil or criminal. This presentation looked at the different proceedings to educate our members.
This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.
The concept of Elder Protection Courts has spread across the state and the country, with Contra Costa County serving as a mentor court.
The evening was an expansive discussion on many aspects of elder law, including both the estate planning, probate issues and criminal options. With the silver tsunami (i.e. the graying boomers) about to hit America, elder law issues are going to be more important than ever in the coming years.
Highlights of the February 2013 Contra Costa Lawyer edition include articles about elder law issues, senior abuse, skilled nursing facilities and more.
Many people think elder law is a stand-alone set of laws that pertain only to probate. Not true. Elder financial abuse cases often cross over into other areas of the law in interesting ways. Below are some examples of matters successfully handled by Elder Law Center attorneys.
Financial abuse of an elder or dependent adult is proscribed by the Elder Abuse and Dependent Adult Civil Protection Act, codified in Chapter 11 of the California Welfare and Institutions Code (“the Act”). Passed in 1982, the focus of this Act, sometimes referred to as EADACPA, is “to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” Historically, elder or dependent adult abuse was rarely litigated “due to problems of proof, court delays, and the lack of incentives to prosecute these suits.”
Planning an elder law issue for the general consumption of lawyers is a challenge. Elder law defies definition. It is contracts, taxes, benefits planning, probate, conservatorships and trusts. It is class actions. It is personal injury, family law and criminal law. It is real estate. Not only is elder law as a practice area ridiculously broad, the elder law landscape is in constant motion.
As a full-time mediator, I have had the privilege of mediating several cases addressing elder issues. One involved a ninety year old widower who contested his daughter’s belief that he could no longer effectively manage his considerable portfolio of properties and would deplete her anticipated inheritance.
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.
On April 29, 2011, the Judicial Council of California announced the recipients of the 2010–2011 Ralph N. Kleps Awards for Improvement in Administration of the Courts—and our Elder Court was one …
Highlights from the Elder Law issue of the Contra Costa Lawyer include articles on the Elder Law Center (Samantha Sepehr), Local Rules of Court & Other Elder Law Resources (Virginia M. George), Contra Costa Senior Legal Services (Verna Haas), Elder Mediation at Conflict Resolution Programs (Barbara Proctor), the Elder Court Support Program (Tina Olton), and Last-Minute Holographic Wills in the Age of Revokable Living Trusts (Jay Chafetz)
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Samantha Sepehr, Director, Elder Law Center
Speaker 1: Barbara Proctor
Part I of II
Can you remember your very first day of work? We suspect that not many years, or even days, went by before you began dreaming of your retirement. As we all know, for that dream to …
With the onslaught of the population explosion in the 65 and older segment in our society and the fact that baby boomers have now successfully entered senior citizenship, elder law and the issues that accompany …
What was the impetus behind the creation of Contra Costa’s Elder Court?
We knew that it was important to have a court that would deal with the needs of the elder population. We had incoming Presiding …
Consider this scenario – At Senior Court in Superior Court, our mediator meets the parties, a mother in her 90’s and her son, late 60’s, in the corridor, explains the mediation process and once they …
Your seventy-five year old client is a victim of elder abuse – financial, physical, verbal or emotional. Someone she trusted has done her harm, has wiped out her savings account, or stolen her credit card. …
We compiled all of the Elder Law resources mentioned in this month’s articles – from the phone number for Adult Protective Services to professional associations for Elder Law practitioners – into one handy document available …