Estate and Elder Law

Recent Posts

Eradicating Elder Abuse in California Nursing Homes
Posted on 5 Mar 2012 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Are Convicts Treated Better than our Elderly?
Posted on 14 Jun 2010 by Deirdre R. Wheatley-Liss

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... Read More

Settlement reached in lawsuit filed after county separated elderly, gay couple
Posted on 27 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More

It Has Come to This – We Now Need Shelters to Protect Our Grandparents
Posted on 28 Jan 2013 by Travis Burchart

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... Read More

Greene v. County of Sonoma et al.: Sonoma County Separates Elderly Gay Couple
Posted on 30 Apr 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Taking Elder Abuse Seriously
Posted on 15 Jun 2011 by karplaw

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... Read More

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Hook Law Center: Exploitation of the Elderly - the Virginia Response
Posted on 25 Jan 2013 by Hook Law Center

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,... Read More

Elder Abuse: Social Media Keeps Grandparent Scam Going Strong
Posted on 23 Jul 2012 by karplaw

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... Read More

Bullock v. Philip Morris–Increased Punitive Damages Allowed for Reprehensible Conduct and Physical or Mental Injuries
Posted on 19 Aug 2011 by Dave Tate

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... Read More

Standing/Ripeness Denied on Son’s Fraud/Interference Claims Arising out of Mother’s Execution of Transfer on Death Designation Affidavit
Posted on 1 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Elder Financial Abuse - What Are the Signs?
Posted on 28 Jan 2011 by Sandra L. Smith

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... Read More

New California case–elder abuse claim not prohibited by prior omitted spouse adjudication . . .
Posted on 29 Aug 2011 by Dave Tate

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... Read More

Greene v. County of Sonoma et al.: Sonoma County Separates Elderly Gay Couple
Posted on 30 Apr 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More