Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . . or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
Facts sufficient to show recklessness (not merely negligence) are necessary in order for the issue of liability on elder abuse claim by medical services provider to go to the jury. Read More
An elder physical abuse claim was properly dismissed for failure to allege egregious withholding of needed medical care: the doctors only refused to give the care they reasonably thought would be medically ineffective. Read More
Elder or dependent adult may renew a five-year restraining order against abuse if s/he entertains a reasonable apprehension of future abuse, even if additional abuse did not occur during the initial five-year restraining period. Read More
An elder abuse complaint alleging neglect is not a dispute relating to a health care provider’s “professional negligence” within the meaning of Code of Civil Procedure section 1295, so the decedent’s heirs were not bound by the provider’s arbitration agreement. Read More
An acute care hospital commits elder abuse when it operates on the elder patient without his consent or the consent of the person to whom he had given a durable power of attorney. Read More
An elderly couple stated an elder abuse claim against an insurance agency that schemed to gut their whole life insurance policies and replace them with a less desirable policy, all for the purpose of earning a larger commission. Read More
Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower. Read More
