Epstein Law Firm has substantial experience prosecuting and defending cases that involve allegations of elder abuse. Claims for elder abuse, specifically, financial abuse, often arise in the context of trust and estate litigation. California has an extensive body of law designed to protect adults aged 65 or older from financial and physical abuse; including provisions allowing for the entry of elder abuse restraining orders.
Elder abuse cases may involve an unrelated third party who has gained control of an elder’s assets either directly or via the creation of new estate planning documents. This unrelated beneficiary may be required to defend against elder abuse allegations during or after the elder’s life. In other case, allegations of abuse may be filed against an elder’s own family member when that person receives substantial lifetime gifts, or becomes the primary (or sole) beneficiary of the elder’s estate to the detriment of other heirs. Alternatively, family members or other interested parties who seek to invalidate estate planning documents on the basis of undue influence may also bring elder abuse claims against the alleged wrongdoer.