Elder Abuse Restraining Orders

Independence Day invites reflection on another form of freedom.  How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm?  Elders want to develop new relationships, remain in their homes, and drive their cars.  Loved ones may question those choices.

We’ve blogged

[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

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