At Wagner Kirkman Blaine Klomparens and Youmans LLP, our elder law attorneys continually strive to keep abreast of the ever-changing legal landscape that affects our elder population.
Too often, our elderly population, who are most deserving of our care and respect, are injured, abused, neglected, or otherwise taken advantage of, by unscrupulous or negligent third parties. Elder abuse in California takes many forms, including financial fraud, physical abuse, and neglect by caretakers failing to live up to the requisite standard of care.
Physical and Nursing Home Abuse
Professional caretakers are obligated to provide competent and adequate care as dictated by statutory guidelines. Failure to do so can constitute neglect or abuse and expose a professional caretaker, such as a nursing home or facility, to substantial civil liability. If you or a loved one has suffered abuse or neglect at an elderly home or nursing facility, contact an attorney at Wagner Kirkman Blaine Klomparens & Youmans LLP today for a free consultation.
Elder Abuse Lawsuits
The cornerstone of civil litigation in elder law is the Elder Abuse and Dependent Adult Civil Protection Act (“EAADAPA”; Welf. & Inst. Code 15600 et. seq.). The purpose of EAADAPA is to protect elders and dependent adults from abuse, neglect, or abandonment.
Abused elders can recover past and future medical expenses, past and future wage loss, damages for past and future pain and suffering and attorney’s fees.
Further, under California Civil Code section 3345, plaintiffs can recover treble damages for unfair competition and financial abuse of elders or disabled persons. Welfare and Institutions Code sections 15657.5(a) and 15657.6 provide for an award of costs and reasonable attorney’s fees to the prevailing plaintiff where the defendant has been found liable for financial elder abuse, including undue influence and abusive sale practices.
Older people have unique legal needs, particularly involving planning for long-term care.
At Wagner Kirkman Blaine Klomparens & Youmans LLP, we help senior citizens make wise decisions about financial and health care matters. We help them preserve their assets and find the right nursing home. Our firm enables seniors to qualify for Medi-Cal which can pay for nursing home care. We put in place the legal vehicles that can give them peace of mind and comfort in their later years.
Wagner Kirkman Blaine Klomparens & Youmans LLP provides a full range of elder law advice and services, including:
We charge fair and affordable fees for these services.
Contact us to schedule a free initial consultation. Wagner Kirkman Blaine Klomparens & Youmans LLP can review your situation and discuss your options.
Customized Elder Law Advice and Services
Financial decisions you make now can greatly affect the quality of your life in future years.
At our firm, we understand the importance of making wise decisions when it comes to planning for long-term care or choosing a nursing home. We will take time get to know you, your financial situation and your personal needs. We will learn about your family and your concerns about the future. Working closely with you, we will then create documents and legal vehicles designed to help you achieve your goals.
Let us help you plan for your future needs so that you can live in comfort, with dignity and peace of mind.