ELDER ABUSE RESTRAINING ORDERS – A PRACTICAL GUIDE

By Kirsten Voyles, Esq. and James Treggiari, Esq. *

I. INTRODUCTION

Elder abuse restraining orders can be effective tools to protect clients or the seniors in their care. Practitioners in various trust and estate specialties may need to obtain restraining orders on behalf of their clients. Estate planning attorneys could learn of elder abuse in the course of conversations with clients concerning their wills and trusts. Attorneys representing trustees or other fiduciaries may be asked to advise regarding effective procedures to resolve abusive situations. A recently enacted statute relating to personal rights retained by conservatees may require more practitioners representing conservators to seek elder abuse restraining orders. It is helpful for practitioners working with senior clients to understand the basic components of elder abuse restraining orders so they can identify when such orders might be helpful or appropriate.

II. WHO QUALIFIES FOR ELDER ABUSE RESTRAINING ORDERS?