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Mental Capacity: A Double-Edged Sword (Cont.)

February 21st, 2017

In early June, we published an article outlining the legal case of Mr. Redstone, age 93, who owns about 80 percent of CBS and Viacom—reportedly a $40 billion media empire.  In that article, we described how mental capacity claims can be a double-edged sword, with contradicting claims being made by his business partner, Mr. Dauman,…

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Death of a Conservatee

February 21st, 2017

A general conservatorship usually continues until the conserved person (called the “conservatee”) dies. Courts and conservatorship attorneys avoid the term “permanent conservatorship” because it suggests that the conservatee will never regain their independence. However, in most cases—particularly those involving elderly conservatees—that’s exactly what happens. The article addresses the termination of conservatorships upon the death of…

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Financial Elder Abuse In California Securities Arbitrations

November 20th, 2017

California’s Welfare & Institutions Code provides a series of remedies for financial abuse of those age 65 or older.  For years, financial elder abuse has been plead in investor arbitration claims against brokers and investment advisors.  Nevertheless, arbitration decisions rarely cite California’s financial elder abuse statutes as a basis for an award.  A recent arbitration…

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