California Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Historically in California, ?elder abuse? has been defined as age 65 and above for purposes of prosecution and pursuit of civil remedies.

You must have the mental capacity to establish a POA, meaning you grasp what it is and the implications of setting one up. The person you choose as your agent must also be 18 or older and have mental capacity. Your power of attorney document must be signed in front of a notary public or by two competent witnesses. California power of attorney requirements | .com ? articles ? power-of-attorne... .com ? articles ? power-of-attorne...

In California, Elder Law is: The Federal and State laws put in place to protect California citizens as they age. (Some laws also extend to protecting those who become incapacitated.) Knowing how to best access the services available to Californians. What is Elder Law? - LA ElderLaw laelderlaw.com ? what-is-elder-law laelderlaw.com ? what-is-elder-law

A conclusive presumption of financial abuse is presumed when the person taking or obtaining the property knew or should have known that this conduct would likely be harmful to the elder or dependent adult (Welfare & Institutions Code section 15610.30(b)). Elder Abuse Litigation - The Law Offices of Stephen E. Penner attorneypenner.com ? elder-abuse-litigation attorneypenner.com ? elder-abuse-litigation

Elements Required to Prove Elder Abuse in California First, they must show that the defendant was 65 years old or older when the alleged abuse occurred. Second, they must demonstrate that the defendant was actually a relative, caretaker, or fiduciary of the elderly person.

(a) ?Financial abuse? of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

The elder abuse act in California was designed to protect dependent and elderly adults across the state from neglect, abandonment, and abuse. Because these individuals are part of a vulnerable class, they are more likely to suffer from neglect and abuse.

Penal Code 368 PC elder abuse statute makes it a crime to inflict physical or emotional abuse on anyone 65 years or older. Elder Abuse Laws in California | Penal Code 368 PC - Eisner Gorin LLP egattorneys.com ? domestic-violence ? elder... egattorneys.com ? domestic-violence ? elder...

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California Elder Law Questionnaire