Segment Descriptions
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Elder Financial Abuse: Indicators and Private Causes of Action
Description: This segment will first explore how to identify elder abuse and important indicators of abuse and undue influence. We will discuss important principles for communicating with the elder clients victimized by abuse, as well as potential consent issues that may arise. The segment will also discuss the relevant code sections and causes of action in elder abuse cases, including the evidence and records needed to prove a case of civil financial elder abuse, as well as the burden of proof under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). Also discussed will be strategies for collecting attorney fees in elder abuse cases, including causes of action under EADACPA.
Client Capacity/Pre-Incapacity Planning, Assessing Capacity and the Protective Proceeding
Description: Attorneys frequently face the challenge of helping clients with diminished capacity. Although most elder clients will not have impaired capacity, some will - forcing the lawyer to balance autonomy and protection. Our nation's aging trend highlights an attorney's need to assess decision making capacity. This segment will include strategies for recognizing diminished decision making capacity, and discuss how to recognize dementia.

Beyond pre-incapacity planning, any discussion of elder law must address the special ethical concerns confronted in the practice of elder law. For example, there are the issues raised by working with spouses or an adult child of an elder client. Questions may arise regarding client / case direction as well as sharing client / case information. These ethical issues become more challenging where concerns are raised about possible financial or physical abuse or neglect of the elder - by a family member or stranger to the elder.
Litigation Case Study: Making a Case Against the Trust Mills
Description: Former San Francisco City Attorney Louise Renne and Ingrid Evans of Renne Sloan Holtzman Sakai LLP has filed several actions against various Living Trust Mill Defendants (1) that put on "free" estate planning seminars or meetings in order to learn about the seniors' assets and manipulate them into purchasing inappropriate financial investments, namely annuities; and (2) target elders and pressure elders into investing their savings in annuities which make the seniors' savings inaccessible for 15-20 years (even in the case of emergencies), carry severe tax penalties, incur exorbitant surrender charges and create complicated estate problems after death.

The lawsuits seek various remedies including: Enjoining Defendants' sales of improper living trusts and financial investments to seniors; Temporary and permanent injunctive relief; Restitution to the senior victims; Disgorgement of profits from Defendants; Treble, double, punitive and compensatory damages; and Attorneys' fees, penalties and cost of suit. Ms. Renne will discuss the litigation, strategies and basis for remedies sought in the actions. For more information about these lawsuits, visit: http://www.publiclawgroup.com/elderabuse.html.
Current Issues in Elder Abuse Litigation
Description: Anatomy of a Predatory Sales Pitch
This presentation will deconstruct a predatory senior sales seminar and analyze how certain segments of the presentation run afoul of California statues. The presentation is designed to help the attorney identify the techniques being used to victimize their clients and which laws offer the best chances of remedies for financial elder abuse.
Description: Home Loan Fraud
First, this presentation will focus on reverse mortgages. This segment will examine the history of this relatively new product, who is qualified for a reverse mortgage, types of reverse mortgages and how they work. Ms. Hochhausen's presentation will focus on when reverse mortgages may be useful and when they may be unnecessary, mandatory and free counseling and fee caps, as well as the offering of additional often costly and unnecessary products. This segment will include cautionary tales and publications to help your clients understand reverse mortgage products. Finally, it will look at gaps in consumer protection and proposed legislation.
Second, this presentation will include a case study of Knox v. Ameriquest; a class action seeking redress for bait and switch and other predatory and discriminatory behavior in making loans to protected classes such as seniors.
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