Elder Abuse Litigation 2011
Financial Abuse
• Neglect and Physical Abuse
• Vicarious Liability for Elder Abuse

Recorded in Los Angeles
September 22, 2011
(includes Handout)
(3 hours "Probate Estate Planning and Trust Law" credit,
including 0.5 hours "Legal Ethics")

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California Practice Guide: Probate,
Elder Abuse Litigation Deskbook.
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Focus
This program covers three of the "hottest" topics in Elder Abuse Litigation: financial abuse, neglect and physical abuse, and vicarious liability for elder abuse. For personal injury litigators, business litigators and probate litigators, this program will change your thinking and your conceptual approach as an advocate. The focus includes the role of the Elder Abuse Act in heirship and related actions (Prob.C. §§250, 258, 259), the role of financial abuse in business transactions involving the elderly, and the application of vicarious liability concepts against noncustodial caregivers. The program also focuses on new law allowing enrollees to seek damages against Medicare-financed HMOs and participating managed care enterprises, including medical groups and institutional care providers, under the Elder Abuse Act.

Our panel of experts will explore the critical issues and offer practical solutions. This is a "don’t miss" program for lawyers experienced in this field, as well as for those who may be considering these issues for the first time.

Highlights
Financial Abuse
 · Evolution of financial abuse liability
 · Required elements
 · Standing
 · Remedies
 · Case law developments
 · Practical considerations
 
Neglect and Physical Abuse
 · Determining responsibility
 · Distinguishing the "typical" medical injury case
 · Recognizing malice, fraud, oppression or recklessness in the medical/nursing context
 · Impact of Probate Code §§ 250, 258 and 259
 
Mandatory Attorney Fees and Costs
 
Vicarious Liability for Elder Abuse
 
Ethical Considerations

Panelists
Russell S. Balisok, Moderator -- -- Balisok & Associates, Inc, Glendale
Judge Joyce Cram -- Contra Costa Superior Court
Steven Riess -- Law Offices of Steven Riess, San Francisco