In California, like in many other states, the legislature enacted elder abuse laws. These laws are designed to protect people over 65 years old from a variety of abusive situations including being subjected to physical abuse, isolation, abandonment and financial abuse. Many of these cases are filed against nursing homes for neglect in the care that is given to their elderly patients. However, there are situations where family members can be liable for elder abuse or abuse of a dependant adult.
Like the elder abuse laws, the legislature enacted laws to protect dependant adults. Dependant adults are persons between the ages of 18 and 64 years who have physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.
As a Los Angeles business attorney I recently represented one of two brothers in a dispute over real property. One brother was a successful business attorney while the other brother qualified as a dependant adult. Title to the property was in both of their names following the death of their parents but the lawyer brother had a deed recorded putting the title in his own name to the exclusion of his brother and then went to a bank and borrowed against the property.
After the lawyer brother filed suit to partition the property, we filed a cross complaint and added the bank on a claim they assisted in the financial abuse of a dependant adult.
In California the attorney provision flows one way, meaning a plaintiff is entitled to attorney fees if they prevail on an elder abuse or abuse of a dependant adult claim, but if they do not prevail they are not subject to attorney fees. The reason for this is that the legislature wanted lawyers to get involved in cases of elder abuse and as an extra incentive to have lawyers take these cases added this financial incentive.
Robert G. Klein, Esq. is a Los Angeles trademark attorney and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com
