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The blog posts on ElderLitigant.com are not intended as legal advice and do not evidence or create any attorney-client relationship. Rather, these blog posts are exclusively for marketing and informational purposes and are intended as a legal newsletter. No representation is accepted by Benjy Law Corporation without the execution of a formal engagement agreement,.

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Churning: Financial Abuse of the Elderly in the Insurance Context

July 21, 2017

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The Purpose of the Elder Abuse and Dependent Adult Civil Protection Act

April 25, 2017


"The Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst.Code, § 15600 et seq.) was enacted to provide for the 'private, civil enforcement of laws against elder abuse and neglect' (Delaney v. Baker (1999) 20 Cal.4th 23, 33).   The statutory provisions are not limited to mentally incompetent or physically impaired elders, or persons of limited financial means.  (Welf. & Inst.Code, §§ 15600, 15610.27, 15610.30.)   Under the statute, it is not necessary that the taker maintain an intent to defraud if it can be shown that the person took the property for a wrongful use and 'knew or should have known that [his] conduct is likely to be harmful to the elder․'  (Id., § 15610.30, subd. (b).)" (Bonfigli v. Strachan (2011) 192 Cal. App. 4th 1302.)


"As amended in 1991, the Elder Abuse Act was designed to protect elderly and dependent persons from abuse, neglect, or abandonment. In addition to adopting measures designed to encourage reporting of abuse and neglect, the Act authorizes the court to award attorney fees to the prevailing plaintiffs and allows survivors to recover pain and suffering damages in cases of intentional and reckless abuse where the elder has died." (Mack v. Soung (2000) 80 Cal.App.4th 966, 971-972 (internal citations omitted; emphasis added).)



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