Category: Elder Abuse Restraining Orders

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California Courts Should Prioritize Hearings on Elder Abuse Restraining Orders

A recent California appellate opinion provides guidance on the interplay between applications for elder abuse restraining orders and special motions to strike (also known as anti-SLAPP motions). The opinion tells trial courts to consider applications for restraining orders, so as to protect seniors, even when anti-SLAPP motions are pending. We’ve written earlier about the Southern … Continue Reading

Anti-Isolation Restraining Orders Available in 2023

[Editor’s Note: This post was revised on January 11, 2023 after the implementing Judicial Council forms became available.] California trust and estate disputes often include claims that one or more family members have isolated or are isolating an elder for financial gain.  For example, Brother may have difficulty communicating with Mother and blame Sister for … Continue Reading

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust. In White v. Wear (2022) 76 Cal.App.5th 24, the Court of Appeal reviewed the issuance of an elder abuse restraining … Continue Reading
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