Conservators Can Petition the Court to Stop the Abuse of Elder or Dependent Adults

gavelFirm partners, Alexander R. Ginzburg and Yasha Bronshteyn, attended the Elder Abuse Restraining Orders: Nuts, Bolts and Other Miscellany program which was presented on February 19, 2015, by the Los Angeles Bar Association-Trust & Wills Section.   

The program focused on discuss the requirements and procedures to obtain a temporary or permanent elder abuse and dependent adult abuse restraining order, and the crossover issues with conservatorship and trust matters the common problem of people abusing each other and the legal ramifications of that abuse. Speakers included the Honorable Lesley C. Green, Los Angeles Superior Court. 

Dependent adult abuse restraining order cases are filed in a special proceeding with a separate prefix.  For example, in Central the cases are identified with the BS prefix as opposed to the BP prefix for regular probate cases.  Elder or dependent adult abuse stay away orders may be issued upon reasonable proof of past acts of abuse.  Welfare and Institutions Code Section 15657.03  A court may make its findings in favor of granting a restraining order by a preponderance of the evidence.

Bookout v. Nielson, 155 Cal. App. 4th 1131, 1138 (4th District. 2007)) finding that Welfare and Institutions Code Section 15657.03 does not require a finding by a clear and convincing evidence.)   Instances of dependent adult or elder abuse may also require the establishment of a conservatorship to better protect and provide for the individual.  Pursuant to Welfare and Institutions Code Section 15657.3 (a)  to the department of the superior court having jurisdiction over probate conservatorships shall also have concurrent jurisdiction over civil actions and proceeding involving a claim for relief arising out of the abuse of an elderly or dependent adult, if a conservator has been appointed for the plaintiff prior to the initiation of the action for abuse.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Bell Canyon, Berkeley, Beverly Hills, Calabasas, Camarillo, Contra Costa County, Hayward, Encino, Hidden Hills, Irvine, Lake Sherwood, Malibu, Oakland, Oxnard, Pacific Heights, Palo Alto, Pasadena, Porter Ranch, Russian Hill, San Francisco, Santa Barbara, San Mateo, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced  Los Angeles estate and trust litigation attorneys in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or (415) 465-6555 in San Francisco, or by using our online contact form.

 

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