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Elder Law
Attorney Riverside

Experienced Elder Law, elder abuse and elder financial abuse, elder neglect attorneys. Proudly located here in SoCal with Law Offices in Riverside, CA, Palm Springs and San Bernardino, California.

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Elder Law

Elder Abuse and Elder Financial Abuse

The abuse of the elderly has become proliferate; California enacted Sections 15657 - 15657.8 of the Welfare and Institutions Code, which provide that a private civil action can be brought against an individual or entity that has committed elder abuse. These laws provide many aggressive legal remedies, such as: restraining orders, attachment of the abuser’s assets, money damages, and requiring the abuser to pay the attorney’s fees for both sides.

In Section 15656 of the Welfare and Institutions Code, California makes it a crime to willfully cause, or even merely permit, an elder or dependent adult, to suffer physically, mentally, or financially.

Whether one is paid for their services, or not, if a person is fully, or only briefly in a few instances, responsible for the care of an elder or dependent adult, such a person is required by law to report any suspected abuse of that elder.

If you suspect elder abuse, you may be required by law to report it. You should call the toll-free hotline of the Adult Protective Services office in your county or contact local law enforcement.


click here for elder abuse code:

Elder Law Attorney Riverside

Wondering if There is Elder Abuse?

Here are some common Indications of Abuse.

Property of the elder is taken and hidden.

Elder is moved to or from the state, or anywhere, without their consent.

Elder is prevented from receiving some, or all, of his or her mail or telephone calls.

Elder is prevented, or unduly deprived of, contact with family, friends, or concerned persons.

Elder is physically restrained, seemingly without any real cause.

Elder is in want of proper personal hygiene, food, clothing, or shelter.

Elder is in want of proper medical care for physical and mental health needs.

Elder is being excessively persuaded so that his or her will is seemingly being overcome.

Suspected abusers are using inordinate and assertive tactics and persuasion.

Suspected abuser is overbearingly and excessively controlling the elder’s necessaries of life (food, clothing, shelter, medication), interactions with others, access to information, or sleep.

There are recent unexplained or unusual changes in the elder’s personal or property rights.

The suspected abusers are acting with HASTE OR SECRECY; and, the changes they are making to documents and property rights are substantially different (divergent) from the elder’s PRIOR FEELINGS, position, opinion, plan, or usual course and conduct of dealing.

Recent changes in the elder’s will that seem completely different from the elder’s prior desires; or, changes that do not seem appropriate based upon the length and nature of the relationship of the person to whom the changes apply.

When the elder exhibits fear, agitation, confusion, and severe depression, in a manner that is not consistent with the elder’s long-time and prior state of mind.


The Story of Joseph

(Not a true story but based upon the combined facts of a few cases.) An elderly man, Joseph, recently lost Bernice, his spouse of 40 years. Bernice was Joseph’s second spouse during his lifetime. When Joseph married his second wife, Bernice, Bernice brought to the family a 2-year-old son, David, who Joseph raised as his own. Suddenly, as if out of nowhere, Joseph’s two estranged daughters from his first marriage descended upon the residence of Joseph; because Joseph was very susceptible to being influenced, they took control of Joseph’s residence, then moved quickly in court and obtained a conservatorship over their father, and they managed to get Joseph to sign some documents, changing his will and giving his daughters control over his finances and health care decisions, all in great haste. David, along with all of Joseph’s decades-long friends, were made to feel very uncomfortable when visiting Joseph, and Joseph was oblivious to what was going on around him, except he seemed to be declining in health, depressed, and had a look of fear on his face. The daughters made it difficult for David and Joseph’s longtime friends to call or visit, and they were often told that he was too ill to speak on the phone or visit. Then, the daughters secreted him to another location, in another state, far away from his long-time friends and relatives.


The Story of Ruby

(Not a true story but based upon the combined facts of a few cases.) Ruby is in her 90’s and has no relatives to help her, so she confided in one of the ministers of a religious denomination to which she had been very loyal since her childhood: his name was Jack. Jack had her sign many documents giving him power of attorney over her bank accounts and finances and authorizing him to sell her belongings. Ruby did not understand the documents, but trusted Jack, so Ruby did not question the signing of the documents. After a few months, Ruby became concerned that she had not been advised of the status of her finances or seen any records such as bank statements, etc. Also, Jack had Ruby placed in a facility that was managed by a friend of Jack’s, and Ruby was required to pay a higher-than-normal price for the accommodation and was charged for more services than were necessary. Ruby was also placed in a secured room, without her consent. She was held there several weeks without her belongings and her pet. Also, during this time, she was rarely allowed to use her telephone, and was no longer allowed to read her own mail.



Protection

David Horton, Esq. & Associates is available to help rescue elders from abuse and institute legal action and civilly prosecute the abusers.



Some types of abuse listed in the Welfare and Institutions Code are:


"Financial Abuse"

This occurs when a person or entity takes, hides, appropriates (uses or disburses inappropriately), obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

One is also guilty of financial abuse if one merely assists and supports the in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

*A person can be liable for undue influence, even if that person did not intend to cause financial harm to the elder; so, it is important to be careful when dealing with an elder or dependent adult.


"Abduction"

When an elder or dependent adult, is moved to or from the state without their consent or without the consent of the court, if required.


"Isolation"

When an elder is falsely imprisoned, as defined in Section 236 of the Penal Code.

Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.

Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.

Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.


"Neglect"

Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.


"Undue Influence"

Excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:

(1) The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.

(2) The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.

(3) The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following:

(A) Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep.

(B) Use of affection, intimidation, or coercion.

(C) Initiation of changes in personal or property rights, and changes to estate planning documents such as Wills and Trusts, and Probate planning documents, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.

(4) The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim or to his heirs and beneficiaries listed in his estate planning documents, Will or Trust, or Probate planning documents, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.

(a) Evidence of an inequitable result, without more, is not sufficient to prove undue influence.


"Mental suffering"

Means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an Attorney / Lawyer for individual advice regarding your own situation. Nothing contained on these pages should be interpreted as establishing an attorney-client and/or lawyer-client relationship through Attorney Riverside . com or with the Law Offices of David DL Horton, Esq. & Associates.

Attorney Riverside CA

Elder Law, Elder Abuse Neglect
Attorney Riverside CA


Local SoCal attorneys. David Horton Esq. and Assoc. Elder Law, elder abuse and elder financial abuse, elder neglect attorney Riverside, CA.

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