Elder Law Attorneys

George F. Dickerman, Attorney

Elder law attorneys address the legal issues that arise as a consequence of the aging process. Elder law is a rather large umbrella and covers the areas that are most practical to the problems that seniors face. Here are the top five ways that these lawyers can assist the elderly:

- 1. Elder Financial Abuse. These are cases where financial predators use undue influence, manipulation and coercion to take property and money from elders who have diminished mental capacity. The perpetrators can by anybody, but are usually family members, caregivers or friends who have the most access to the elder and are least likely to be challenged by outsiders.
- 2. Nursing Home Abuse. Abuse or neglect of a nursing home patient generally results from inadequate staffing where there are too many patients and not enough nursing assistants. Sometimes, this is a conscious policy on the part of the nursing home owner who puts corporate profit ahead of patient care. Fortunately, there are many legal remediesavailable to stop these wrongful acts and to compensate the elderly victim for injuries suffered.
- 3. Conservatorships. When an elder is no longer able to make sound financial and healthcare decisions, and no other alternatives are available, then a request can be made for the court to establish a conservatorship and appoint someone to have the legal authority to make such decisions. This is an involved process but provides a solution to assist an elder who can no longer protect them self.
- 4. Estate Planning. "Living trusts", powers of attorney for financial and healthcare decisions, and wills are the primary documents that constitute a person's estate plan. These written instructions assist the elderly client both during their lifetime and afterwards. A proper estate plan can also avoid the need to establish a conservatorship if the elder becomes unable to make sound decisions. These documents grant all of the legal authority needed to carry on the elder's affairs - without having to seek court involvement.
- 5. Medi-Cal Planning. This term applies to California residents and involves the process of obtaining Medi-Cal benefits to pay the sky-rocketing costs of long term care in a skilled nursing facility. Planning involves three stages: (1) Thorough analysis of the client's financial status to develop a written strategy to obtain eligibility, reduce any share of cost, and avoid recovery claims; (2) Execution of the written strategy; and (3) Completion of the application process. Medi-Cal law is complicated and requires a lawyer experienced in the nuances of the various rules and regulations.
There are many other sub-fields that fall under the elder law umbrella. Each has its own peculiar application and importance as a piece of the elder law puzzle. This brief article has addressed only the top five ways that elder law attorneys can assist their clients.

Law Office of George F. Dickerman
3879 Brockton Avenue, Riverside, California 92501
(951) 788-2156
www.Elder-Law-Advocate.com

Stopping Financial Thefts

George F. Dickerman, Attorney

Elder financial abuse is not only a crime, but invokes a civil cause of action as well. There are many remedies to stop financial thefts and this article will discuss a powerful law that protects elder victims through civil litigation.

Many states have laws that specifically protect seniors from such abuse. California, in particular, has enacted the Elder Abuse and Dependant Adult Civil Protection Act (EADACPA). The civil courts in Riverside County, for example, are now familiar with the remedies that EADACPA provides. One of the primary advantages of EADACPA is the right to recover postmortem pain and suffering damages (general damages). Prior to EADACPA, a lawyer might refuse to accept a financial abuse case because it was quite possible that his or her frail elderly client might pass away before the case got to trial. If so, the right to recover general damages died also.

Under EADACPA, this right continues even after death. Interestingly, one of the primary reasons the California legislature passed this set of laws was to encourage attorneys to take on such cases. The law requires that it be proven, by clear and convincing evidence, that the defendant committed acts of fraud, malice, oppression or recklessness. EADACPA claims involve intentional torts and, when proven by these higher standards, provide nearly every remedy that the elderly victim could hope for.

Out of pocket monetary losses are recoverable damages. These may include interest on money that was wrongfully taken by the defendant, or lost rent on a home that the defendant lived in without making any payments. As mentioned, general damages (pain and suffering) are recoverable. There is no measuring stick to determine the amount of money that would compensate the elder for this loss. A jury must put aside passion and sympathy and award only the amount that appears reasonable under the circumstances.

Exemplary, or punitive, damages are also recoverable. The purpose of such an award is to both punish the defendant and also to set an example that despicable acts of elder financial abuse will not be tolerated in a civilized society.

Enhanced remedies may also be available in which the court, under circumstances of particularly egregious acts, may double or triple the amount of certain damage claims. As mentioned, an award of attorney fees is another remedy for the elderly victim. Under certain circumstances, these fees are mandatory. Appropriate costs are also recoverable.

If an EADACPA lawsuit is brought on behalf of an elder who is under a conservatorship, then a jury verdict can include monetary compensation to the conservator for services rendered in furtherance of the civil lawsuit.

Imposition of constructive or resulting trusts can also be imposed against a defendant. If the defendant wrongfully acquired title to the elder's real or personal property, then the court can order that the defendant's interest was solely as a trustee and such property must be returned to the elder.

These are just some of the many remedies available to an elder who has been victimized by financial abuse.

Law Office of George F. Dickerman
3879 Brockton Avenue, Riverside, California 92501
(951) 788-2156
www.Elder-Law-Advocate.com
george@Elder-Law-Advocate.com