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Greene v. County of Sonoma et al.: Sonoma County Separates Elderly Gay Couple

Recently, Clay M. Greene, a 78-year-old gay man from Sebastopol, CA., filed a lawsuit against Sonoma County, accusing the County of, among other claims, elder abuse, elder financial abuse, and violation of the Patient's Bill of Rights. Mr. Greene filed the lawsuit after the County allegedly isolated...

Are Convicts Treated Better than our Elderly?

I already tweeted this great post from South Carolina Nursing Home Blog, but it has been sticking with me. All seniors have done is work hard their whole lives, age, and not have planned to need to spend $10,000 a month on the care they need to stay alive - and for that they get institutionalized in...

Settlement reached in lawsuit filed after county separated elderly, gay couple

As reported in April , Clay M. Greene filed a lawsuit against Sonoma County after the County allegedly isolated him from his partner of 29 years (placing the men in separate nursing homes) and selling off their belongings under a conservatorship. Mr. Greene accused the County of, among other claims,...

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large, given the size and nature of the client's estate, as...

Investigators Assisted by Parrot in Elder Abuse Case

A South Carolina woman is accused of neglect in the death of her 98-year old mother. Police who investigated say a pet parrot in the home would cry for help then laugh, mimicking the interaction between the mother and daughter. The bird would yell, "help me, help me," and then he would laugh...

Elder Financial Abuse - What Are the Signs?

An article by The Edcomm Group describes efforts to educate financial institutions on the role they can play in stopping financial abuse of the elderly. According to the National Center on Elder Abuse, elder financial abuse plagues over two million Americans each year, and it is the number one crime...

Taking Elder Abuse Seriously

Elder abuse is where child abuse was years ago. Under-reported. Poorly understood. And off the public's radar. Fortunately, many efforts are being made today to bring the growing problem into the light of day. That's the goal of Elder Abuse Awareness Day, June 15th. In March of this...

Nursing Home Case – Elder Abuse Remedy Is Only Available Upon Evidence of Despicable Conduct and Knowledge of Serious Danger

By David W. Tate In Carter v. Prime Healthcare Paradise Valley, LLC (California Court of Appeal, Fourth Appellate District, August 12, 2011, No. D057852) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the Court affirmed the trial...

Bullock v. Philip Morris–Increased Punitive Damages Allowed for Reprehensible Conduct and Physical or Mental Injuries

By David W. Tate In Bullock v. Philip Morris (California Court of Appeal, Second District, Case No. B222596) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the court affirmed a punitive damage award that is 16 times compensatory...

New California case–elder abuse claim not prohibited by prior omitted spouse adjudication . . .

By David W. Tate Please see the message and link at the bottom of this page if you would like to vote this blog as an ABA top 100 law blog. In Estate of Dito (California Court of Appeal, First Appellate District, Case No. A128921) [ enhanced version available to lexis.com subscribers / unenhanced...

Standing/Ripeness Denied on Son’s Fraud/Interference Claims Arising out of Mother’s Execution of Transfer on Death Designation Affidavit

Eleanor Sirak executed a Transfer on Death (TOD) designation affidavit in favor of Gail Arenstein, Ms. Sirak's daughter. Thereafter, plaintiff/appellant, Eleanor's son, filed suit against Gail and others. The complaint recited various incidents which plaintiff/appellant urged demonstrate physical...

Eradicating Elder Abuse in California Nursing Homes

By Linda K. Chen * * J.D. Candidate, Santa Clara School of Law, 2012. Excerpt from Eradicating Elder Abuse in California Nursing Homes, 52 Santa Clara L. Rev. 213 (2012) Introduction For weeks, three certified nursing assistants (CNAs) at a California nursing home physically assaulted and sexually...

Elder Abuse: Social Media Keeps Grandparent Scam Going Strong

Back in 2010 we warned you about the "Grandparent Scam." It goes like this: A grandparent, other family member or friend receives a call about a loved one. The caller claims that the grandchild is in trouble - arrested or in the hospital, for example - and says funds must be wired immediately...

Hook Law Center: Exploitation of the Elderly - the Virginia Response

Possibly you have read about Elder Abuse in various publications. Unfortunately, it is a real phenomenon. Abuse can occur in physical forms or financially. Well, Virginia just might be ahead of the curve in this matter. The Virginia General Assembly, backed up by the Virginia State Crime Commission,...

It Has Come to This – We Now Need Shelters to Protect Our Grandparents

Hey, trusted loved one, stop abusing your elderly mother, father, aunt or uncle! Of course, your abuse doesn't depend on you being a loved one, and the victim doesn't have to be a relative - just a senior who trusts you to treat him or her compassionately. And it might not be physical abuse...