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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. Continue reading

Bound to Arbitrate Nursing Home Litigation?

Senior woman in a nursing homeWhen is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Continue reading

Greed, Elder Abuse, or Both?

A lottery win has spawned a financial elder abuse claim: A mother is accusing her son of stealing her $51 million lottery jackpot. As ABCnews.com reports, financial elder abuse is a growing problem and, this lottery case notwithstanding, often in the shadows because the elderly are too embarrassed to admit they’ve been scammed. Continue reading

Parroting Elder Abuse

A parrot’s mimicking of an anguished “Help Me! Help Me” followed by cruel laughter may be evidence of another horrible case of elder abuse.  As reported in the ABA Journal, the police believe that the bird is revealing the drama that occurred between a 98-year-old woman and her daughter. Continue reading

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