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Category: financial elder abuse

May 28, 2015 - Caregiver Fraud by |

Financial Elder Abuse and Undue Influence

ATTORNEY NEWSLETTER The State of California recently modified the former definition of “undue influence” in the Welfare and Institutions Code. Before 2014, in order to prove undue influence, a special relationship between the victim and the perpetrator had to be demonstrated. Now, the evidence that someone’s free will has been […]

May 26, 2015 - Elder Abuse by |

Defining and Preventing Elder Abuse

ATTORNEY NEWSLETTER Due to their vulnerability, the elderly are often victims of abuse. The 1985 Elder Abuse Prevention, Identification and Treatment Act provides a definition of what is considered elder abuse. It can be a “willful infliction of injury, unreasonable confinement, intimidation or cruel punishment, with resulting physical harm or […]

May 14, 2015 - Caregiver by |

Duties of a Conservator

ATTORNEY NEWSLETTER A conservatorship can be established for someone who can no longer adequately take care of his or her personal care or finances. California Law requires all conservators to have a copy of The Judicial Council of California’s “Handbook for Conservators,” which includes a description of conservator duties. Duties […]

May 13, 2015 - Caregiver by |

A Guide to Establishing a Conservatorship

ATTORNEY NEWSLETTER A conservatorship can be established for someone who can no longer adequately take care of his or her personal care or finances. A judge can appoint a conservator, which is either a person or an organization who will take care of another person’s personal needs, finances, or both. […]

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