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Elder Law Estate Planning Legal Topics New Legal Developments

Settlors and Shareholders: Who Has Standing to Sue for Elder Abuse?

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welf & I C §§15600–15675) provides enhanced remedies for “financial abuse” that results in a loss of property of someone over age 65. This can get complicated because the property interests of elders may not be held in their own name; they often are held in a variety of ownership vehicles for estate planning or business reasons. This raises the question, may the elder sue under EADACPA for injury to those property interests? The answer is, it depends.

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Business Law Legal Topics

Can a Drunk Person Enter Into a Contract?

People who are intoxicated often make bad decisions, including signing contracts they may regret when the hangover kicks in. Can they simply claim intoxication and get out of the deal? The short answer: maybe.

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Elder Law

Can Grandma Still Drive?

177249823One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an overview of how California’s DMV deals with driving capacity issues and what to do when an elderly client wants to get the keys back.

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Elder Law Estate Planning Legal Topics

Pro and Cons of a Durable Power of Attorney

175660493Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.

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Elder Law Estate Planning Legal Topics

When to Get a Neuropsychologist on the Case

149463035When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness.