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

Dementia casts a long shadow in California trust and estate litigation. Contestants claim that an elder with dementia lacked sufficient mental capacity to make an estate planning change, or that dementia left the elder highly vulnerable to undue influence.

The Alzheimer’s Association, in its annual Alzheimer’s Disease Facts and Figures, provides valuable information for lawyers, both planners and litigators. The Association released its 2023 report on March 15. I’ll share pertinent highlights in this post.

As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed headlines over the last two months.

Artificial intelligence, including chatbots, has myriad applications in the practice of law. AI no doubt will generate extensive online content readily visible when lawyers and litigants conduct quick online research using search engines like Google. How good, then, is the current version of ChatGPT? I asked the chatbot to write a post about undue influence, a common issue in California trust and estate litigation and the subject of many Trust on Trial posts.

[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

Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered.  To address this problem, the California Legislature gave plaintiffs the opportunity to “attach” or freeze assets at the outset of a case.

The Court of Appeal, in Royals v. Lu (2022) 81 Cal.App.5th 328

No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument.

Yet the probable cause safe harbor may disappear if the contest is untimely.  That’s the upshot of Meiri v. Shamtoubi (2022) 81 Cal.App.5th 606, a Court of Appeal opinion issued last week.

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

California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine.  This can become a big issue in a will or trust contest when the attorney’s files may contain pivotal evidence as to the client’s intent, mental capacity and/or vulnerability to

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity.

After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and Conduct has now finalized Formal Opinion Number 2021-207, which is close in content to the earlier opinion.

Opinion Number 2021-207 is useful resource