Actual Cases

The following is just a sampling of some of the cases of elder abuse that clients have asked us to assist on.  When reviewing these actual cases, please note that nearly every one of them involves a relative who attempted to take advantage of the elder:

• Son’s unbelievable use of Powers of Attorney

79 year old dad was a Korean War combat wounded vet with a VA disability benefit for post traumatic stress disorder.  Over his lifetime, he had purchased five real properties in California, Nevada and Arizona – all owned free and clear.  He had also managed to save about $300,000.

As dad’s mental capacity continued to diminish, the son saw his opportunity to strike.  He first had dad sign powers of attorney for financial and healthcare decision making.  With the financial power of attorney, he then went to dad’s bank and added his name to all accounts.   Within a year, son had withdrawn all monies and continued to withdraw dad’s monthly VA disability money.

Son also transferred title of all five properties into son’s name.  He sold one of the properties for substantially less than fair market value and pocketed the proceeds.

Using the healthcare power of attorney, he then warehoused dad into a nursing home and gave written instructions that dad was to have no visitors and no contact with anyone unless son first approved it (Note: “isolation” is often a key element in carrying out financial abuse.).  Obviously, powers of attorney can be quite dangerous if placed into the wrong hands.

With the coordinated efforts of county agencies, we were able to remove dad from the nursing home and return him to his own home with home health care.  Our office then immediately filed suit in California, and coordinated the services of an Arizona and a Nevada attorney, and lawsuits were filed in those states as well.  Lis pendens were immediately recorded in the respective counties in all three states to prevent the sale, transfer or borrowing of money on any of the properties.

After substantial litigation, we recovered all remaining properties and established a conservatorship for dad to make sure that the court now monitors dad’s assets and protects his rights.  The son has been permanently disinherited as an heir. 

• The Crooked Niece

Our client was hospitalized with severe depression and attempted suicide following her husband’s death.  The crooked neice goes into the  hospital room with a notary public and convinces our client that she needs to sign a power of attorney because the state is going to seize all of her assets.

With the power of attorney, the niece transfers title of the client’s home into niece’s name, and then arranges for the client to live in a board and care facility.

We filed suit for elder financial abuse and, within a few weeks, were able to recover title back into our client’s name.  The District Attorney’s office is now prosecuting the niece for elder financial abuse.

• The Shameless Granddaughter

Our client had just completed 20+ chemotherapy radiation treatments for bone cancer.  Her estranged granddaughter showed up at the door one day, took our client to a shady lawyer’s office, and had our client sign a deed that transferred her home to the granddaughter.

Initially, we had been asked to assist the client with Medi-Cal planning – to qualify her to receive Medi-Cal benefits to pay for her anticipated nursing home costs.

After gathering the facts, we determined that our client had sufficient assets, health insurance coverage, and was eligible for in-home supportive services.  Therefore, a nursing home placement was not required.

Upon discovering the wrongful transfer of title of our client’s home, we immediately filed suit and recorded a lis pendens to place a hold on any further transactions regarding the property.

Within weeks, we recovered title back into our client’s name, disinherited the granddaughter, and secured the necessary arrangements that allowed our client to remain at home until her passing, and avoid a nursing home placement.

• The Daughter’s Thievery

Our client had been taking medication for depression.  One morning while she was sleeping and heavily medicated, her daughter (who lived in Australia) showed up with a notary public in tow.  The daughter roused our client out of bed, and had her sign her name to a new grant deed, thus unknowingly transferring title of her home to her daughter.  Daughter then returned to Australia.

Several months later, our client’s depression was under control and she no longer needed to take the medication.  However, when she went to apply for a home loan, she was told that she was no longer the owner of the property.  She then sought our assistance.

A lawsuit was immediately filed; however, we faced a problem in effecting personal service of the summons and complaint because daughter lived in another country.  Fortunately, our client informed us that her daughter would be visiting in California on a date certain.  To daughter’s dismay, she was personally served soon after she stepped off the plane.

Her Australian attorney quickly convinced her to execute the new deed we had prepared, and thus title to our client’s home was quickly transferred back, enabling her to obtain the loan she had wanted.

• The Greedy Son

The greedy son knew his dad was suffering from dementia.  Son had no job, no income, and had just been released from prison after having served a two year felony sentence for drug dealing.  Son quickly moved in with dad, and convinced him to put son’s name on title to the house.  Of course, son wouldn’t share in making any of the monthly mortgage payments.  Instead, he used dad as a “cash cow” and lived in the house rent free.  When the siblings learned of his freeloading and one-half ownership of dad’s house, they confronted the son – only to be told that it was dad’s wishes and he couldn’t move out or return his (purported) one-half interest back to dad. After a lawsuit was filed, son agreed to leave but would not give up the house unless dad paid son $35,000!

The trial verdict awarded full title of the home to dad, plus $14,000, plus court costs, plus attorney fees.

• Son’s bullying of mom and her caregivers

Son was in his mid-forties, had no real job, and lived with his incapacitated mother and her full-time caregivers.  Unfortunately, this son was a bully who would verbally abuse his bed-ridden mother and frighten her caregivers.  This abuse became so heated that no other family members felt safe when they tried to visit their mother, and 25 caregivers from the home healthcare agency refused to return to mom’s house.

An elder abuse restraint order was obtained and son was removed from the home.  As a result, family members were now free to visit with mom, 24/7 caregiving staff were reinstated, and mom’s health and happiness improved measurably.

• The gypsy

Our elderly client was despondent and lonely following the death of his wife.  He placed an ad in a local senior magazine, seeking friendship.  Quickly thereafter, a younger woman called and invited our client over to “get to know each other”.  Unfortunately, this woman was a type of gypsy who preyed on vulnerable elderly men.

Within three days, she convinced him that they could live in harmony and everlasting bliss – if only he would purchase a home where the two of them could live their lives together.  Unfortunately, our client fell for it and withdrew his life savings and purchased a home – in both their names.

Within days, this gypsy verbally abused and threatened our client until he threw up his hands and walked out of his new home – left with only his small motorhome to live in.

An elder abuse lawsuit was filed and, through a summary judgment proceeding, the court ordered that 100% title to the home and real property were returned to our client.  The gypsy hasn’t been heard from since.

• The greedy brother

Elderly dad was suffering from dementia and was becoming more and more susceptible to undue influence.  One of his two sons decided that it was time to take advantage.  This son prepared a grant deed for his father to sign.  This deed added the bad son (and his wife) onto the title – so that dad, his bad son, and his wife were all title owners of dad’s house.  When dad passed away, the title completely transferred to the bad son and his wife.

At the time he signed the grant deed, dad wasn’t capable of understanding what he was doing, and he certainly didn’t realize that this act would essentially disinherit his other son from receiving a one-half interest in the home.  When dad passed away, the bad son and his wife claimed full ownership of the home.

An elder financial abuse lawsuit was filed and, near the eve of trial, the bad son (and wife) agreed to transfer one-half of the home to our client.