Schwartz & Schwartz

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Articles & Developments

  • Tips and information from the State Bar of California about Elder Abuse

    Open the article here.

  • California Attorney General's Office releases "A Citizen's Guide to Preventing and Reporting Elder Abuse"

    Open the guide here.

  • Foundation of the State Bar of California issues "Seniors & the Law (A Guide for Maturing Californians)" 

    This comprehensive publication is a fantastic resource concerning all the issues facing our aging population, providing pertinent information and links for everything from social security and long-term care insurance ... to caregiving, estate planning and consumer scams. Open the publication here.

  • "Protecting Mom and Dad's Money: What to do when you suspect financial abuse" (Consumer Reports, 2013)

    Open the article here.

  • September, 2013 -- "Undue Influence" More Clearly Defined

    Addition of Prob. Code Section 86, and Welf. & Inst. Code section 15610.70. The legislature provides a more concrete definition of "undue influence," and incorporates it into relevant statutes concerning financial abuse of elders.  Read more.
     
  • July, 2013 -- Attorneys' Fees Awardable in More Situations

    Amendment to Prob. Code sections 859 and 4231.5. The enhanced remedy of attorneys fees (previously available in actions for financial elder abuse) now is available in addition to the "double damages" remedies already recoverable for any "bad faith wrongful taking" of property under Prob. Code sections 859 and 4231.5. Read more.

  • July , 2011 -- Double Damages Awardable When Elder Abuse Present

    Amendment to Prob. Code section 859. The enhanced / punitive remedies ("double damages") available to address the "bad faith wrongful taking" of property belonging to a trust, consevatorship or probate estate now also are available merely upon a showing any such property was "taken, concealed or disposed of ... by the use of undue influence in bad faith or through the commission of elder or dependent adult abuse." In other words, double damages may be available even if the undue influence is presumed or assessed under the broader definition(s) provided by Welf. & Inst. Code section 15610.30 (financial elder abuse).  Read more.

  • June , 2010 -- Double Damages Available in Power of Attorney Actions

    Addition of Prob. Code section 4231.5. The enhanced / punitive remedies ("double damages") available to address the "bad faith wrongful taking" of property belonging to a trust, consevatorship or probate estate now also are available in power of attorney actions, to address the wrongful conduct of attorneys-in-fact concerning the principal's property.  Read more.

  • March, 2009

    A Study on Elder Financial Abuse Prevention
    by the MetLife Mature Market Institute, the National Committee
    for the Prevention of Elder Abuse, and the Center for Gerontology
    at Virginia Polytechnic Institute and State University

  • May, 2008

    The following presentation by Dr. Laura Mosqueda, Director of Geriatrics and recipient of the Ronald Reagan Endowed Chair at UC Irvine, describes the nature and scope of elder abuse, explaining some of the elderly's vulnerabilities to mistreatment and posing some ethical questions on the topic. (Series: The Coming of Age Lecture Series [5/2008] [Health and Medicine])


 

 

  • April 2007 California Law Revision Commission Tentatively Recommends Significant Changes to Existing Law Governing Enforcement and Application of "No Contest" Clauses



More articles and developments coming soon. (Please check back often.)