Elder Law Attorneys.
Legal support for older Californians and their families — pursuing elder abuse claims and planning ahead for long-term care, health care, and the protection of assets.
Fennemore’s elder law attorneys work to stay ahead of the constantly changing law affecting older Californians. Too often, elderly people — among those most deserving of care and respect — are injured, abused, neglected, or taken advantage of by negligent or unscrupulous third parties. Elder abuse in California takes many forms, including financial fraud, physical abuse, and neglect by caretakers who fail to meet the required standard of care.
We help on both sides of elder law: pursuing claims when abuse or neglect has occurred, and planning ahead so older clients can make sound decisions about their finances, health care, and long-term care. California depth, backed by a full-service national firm.
What We Handle.
Elder Abuse Claims.
Pursuing civil claims when an older or dependent adult has been harmed.
- Financial fraud — unauthorized credit lines, fraudulent co-signing and loans, reverse mortgage fraud, identity theft, and consumer fraud
- Physical and nursing home abuse — neglect, lack of supervision, personal injury, wrongful death, bedsores, dehydration, over-medication, and unsanitary conditions
- Claims under the Elder Abuse and Dependent Adult Civil Protection Act
- Nursing home and care facility liability
Long-Term Care & Elder Planning.
Helping older clients plan for care, health decisions, and the protection of their assets.
- Long-term care planning
- Medi-Cal planning
- Skilled nursing home representation
- Special needs trusts
- Powers of attorney
- Probate and estate administration
- Estate planning
Elder Abuse Claims Under California Law.
Civil elder abuse claims in California rest on the Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code Section 15600 and following), which protects elders and dependent adults from abuse, neglect, and abandonment. An abused elder may recover past and future medical expenses, past and future lost wages, damages for past and future pain and suffering, and attorney’s fees.
California Civil Code Section 3345 allows treble damages for unfair competition and the financial abuse of elders or disabled persons, and the Welfare & Institutions Code provides for an award of costs and reasonable attorney’s fees to a prevailing plaintiff where a defendant is found liable for financial elder abuse, including undue influence and abusive sales practices.
Professional caretakers — including nursing homes and care facilities — are obligated to provide competent, adequate care under statutory standards. Failing to do so can constitute neglect or abuse and expose the caretaker to substantial civil liability.
Attorneys With This Experience.
You May Also Need.
Estate Planning Services.
Wills, trusts, and directives that protect clients as they age.
Conservatorships & Guardianships.
Court authority to act for an adult who can no longer manage their affairs.
Civil Litigation.
Contested elder, fiduciary, and abuse claims when they reach the courtroom.
Estate & Gift Tax.
Transfer tax planning tied to long-term care and wealth preservation.