Trusts and Estates

Ca. Trs. & Estates Quarterly 2014, Volume 20, Issue 1


By S. Andrew Pharies, Esq.,* and James P. Lamping, Esq.**

The aging of the baby boomer generation over the coming years will produce a seismic shift in the demographics associated with the practice of trusts and estates law. Attorneys will increasingly be called upon to identify and take action to address the changing needs of the population. For that reason, we are pleased to present this symposium issue dedicated solely to elder law issues in the trusts and estates field.

This issue begins with an article by David Knitter and Vivian Thoreen discussing common issues associated with elder financial abuse. Unfortunately, some unscrupulous predators attempt to take advantage of the often-weakened physical and mental states of seniors in order to divert wealth to themselves. This article discusses how to identify elder financial abuse, provides examples from case law, and provides an overview of the remedies available to attack the problem.

There have been many headlines in recent years about gaps in health insurance coverage, even among members of the population who are in the peak of their earning capacity. The problem is multiplied exponentially when the patient is elderly and unable to work due to dementia, overall poor health, or advanced age. Peter Stern has provided us with an excellent article discussing how a senior can qualify for Medi-Cal health coverage while preserving, to the extent possible, the assets he or she has spent a lifetime building.

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