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3rd Annual Financial Elder Abuse Symposium
May 7, 2021 @ 8:30 am – 5:30 pm
Welcome to the 2021 Financial Elder Abuse Symposium! This virtual program will start at 8:30 a.m. on Friday, May 7, 2021. Earn up to 7.5 Hours of MCLE, which includes Legal Specialization in Estate Planning, Trusts and Probate Law.
Pricing for all four sessions is as follows:
- $300 for all CLA Members
- $399 for Non-CLA Members (Includes membership to the Trusts& Estates Section)
Panel 1: Overview of Elder Financial Abuse: Detecting Undue Influence and Potential Abuse, and the Investigation of Financial Elder Abuse of Seniors
8:30 a.m. – 10:00 a.m. | 1.5 Hours MCLE; 1.5 Legal Specialization in Estate Planning; Trust & Probate Law
This panel will define financial exploitation and abuse, and address indicators of financial abuse, the investigation of frequently reported financial abuse allegations, and the roles of the district attorney, civil litigators, and victim advocates. Also included, approach of financial institutions in detecting and reporting suspected elder abuse of seniors. Speakers: Aaron Cadore, Prescott Cole, and Courtney Linn.
Panel 2: Delusions’ Impact on Testamentary Capacity and Susceptibility to Undue Influence
10:15 a.m. – 11:45 a.m. | 1.5 Hours MCLE; 1.5 Legal Specialization in Estate Planning; Trust & Probate Law
Panelist will cover the concept of delusions, their medical and legal distinctions, their differentiation from mistaken beliefs and relevant statutory and case law governing delusions’ impact on the validity of testamentary instruments. The panel will examine the most common categories of delusions, the illnesses that cause them, the types of delusions that do and do not invalidate testamentary instruments and the strict “But For” and “Absence of Single Supporting Fact” Tests applied under California case law. Speakers: Mary DeLeo, Esq., Hon. Reva G. Goetz (Ret), James E. Spar, M.D., and Christopher Carico, Esq.
Panel 3: In Defense of Conservatorship Law and the Value of Protective Proceedings
12:30 p.m. – 2:00 p.m. | 1.5 Hours MCLE; 1.5 Legal Specialization in Estate Planning; Trust & Probate Law
Conservatorship law balances fundamental liberty rights against the need to protect the vulnerable from various forms of abuse and neglect. In this presentation, we will review how the applicable statutory provisions strike this balance, and how the tension between these interests presents itself in common fact scenarios. Speakers: Hon. Thomas H. Cahraman and Hon. David J. Cowan.
Panel 4: Litigation Tools: The Nuts and Bolts of a Civil Financial Elder Abuse Claim
2:15 p.m. – 5:30 p.m. (15 min break at 3:45 p.m.) | 3 Hours MCLE; 3 Legal Specialization in Estate Planning; Trust & Probate Law
Panelists will present on the complete process of a financial elder abuse claim. The presentation will start with a discussion of standing statute of limitations, jurisdiction, TROs and immediate relief, pleadings and responses to pleadings. Speakers: Hon. David J. Cowan, Erin A. Norcia, Ciaran O’Sullivan, Nicholas Van Brunt, and Daniel I. Spector.