Why Conservatorship After Elder Abuse

Elder abuse is a pervasive issue that affects millions of older adults each year. When considering a conservatorship, elder abuse is frequently cited as a primary factor due to the severe impact it can have on the well-being and safety of vulnerable individuals. Attorney Susan B. Geffen, an experienced legal advocate in Los Angeles County, emphasizes the importance of understanding the connection between elder abuse and the need for conservatorships.

Understanding Elder Abuse

Elder abuse encompasses various forms of mistreatment, including physical abuse, emotional abuse, financial exploitation, neglect, and abandonment. It can occur in different settings, such as in the elder’s own home, in the homes of family members, or in institutional settings like nursing homes. The abuse can be perpetrated by caregivers, family members, or strangers.

The Impact of Elder Abuse

The consequences of elder abuse are profound and can include physical injuries, psychological trauma, financial ruin, and even death. Victims of elder abuse often suffer in silence, either due to fear of retaliation, feelings of shame, or cognitive impairments that prevent them from seeking help.

California Laws Surrounding Elder Abuse and Conservatorship

California has stringent laws aimed at protecting elders from abuse. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), abuse of an elder (aged 65 or older) or a dependent adult can lead to severe civil and criminal penalties. The law covers physical abuse, neglect, financial exploitation, abandonment, and isolation.

California Probate Code Section 1800 states that a conservatorship may be established when an individual is unable to manage personal needs or financial resources due to physical or mental limitations. This legal tool can be crucial in cases of elder abuse, where immediate intervention is needed to safeguard the elder’s well-being.

Conservatorship as a Protective Measure

A conservatorship is a legal arrangement where a court appoints an individual or organization (the conservator) to manage the personal and/or financial affairs of an incapacitated person (the conservatee). This legal mechanism is designed to protect individuals who are unable to care for themselves or manage their own finances due to physical or mental limitations.

Elder Abuse and the Need for Conservatorship

1. Physical and Emotional Safety: In cases where an elder is being physically or emotionally abused, a conservatorship can provide a legal framework to remove the abuser from the elder’s life and ensure their safety. The conservator can arrange for the elder to live in a safer environment and oversee their care.
2. Financial Protection: Financial exploitation is a common form of elder abuse, where the abuser may steal money, property, or assets from the elder. A conservator can take control of the elder’s finances, manage their assets responsibly, and prevent further exploitation.
3. Neglect and Medical Care: Elders who are neglected may not receive necessary medical care, proper nutrition, or adequate living conditions. A conservator can ensure that the elder receives appropriate medical treatment, nutritious meals, and a safe living environment.

Legal Process and Considerations

The process of establishing a conservatorship involves filing a petition with the court, providing evidence of the elder’s incapacity, and demonstrating the need for a conservatorship. The court will evaluate the evidence, including medical and psychological assessments, to determine whether a conservatorship is necessary.

Attorney Susan B. Geffen’s Role

Attorney Susan B. Geffen specializes in elder law and has extensive experience handling conservatorship cases in Los Angeles County. She understands the complexities involved in these cases and is dedicated to protecting the rights and well-being of vulnerable elders. Her practice focuses on providing compassionate and effective legal representation to ensure that elders receive the care and protection they need.

Steps to Take If You Suspect Elder Abuse

If you suspect that an elder is being abused, it is crucial to take immediate action. Here are some steps you can take:

1. Report the Abuse: Contact local authorities, such as Adult Protective Services or the police, to report the suspected abuse.
2. Seek Legal Advice: Consult with an experienced elder law attorney like Susan B. Geffen to discuss your concerns and explore the possibility of establishing a conservatorship.
3. Document Evidence: Gather any evidence of abuse, including photographs, financial records, and witness statements, to support your case.

Contact a Trusted Conservatorship Attorney Today

Elder abuse is a serious issue that often necessitates the establishment of a conservatorship to protect the well-being and safety of vulnerable individuals. Attorney Susan B. Geffen is committed to advocating for the rights of elders and ensuring they receive the protection and care they deserve. If you have concerns about elder abuse and the need for a conservatorship, contact Susan B. Geffen for expert legal guidance and support.