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Trusts and Estates

The Second Annual Financial Elder Abuse Symposium

Earn 7 Hours of MCLE credit; includes Competence Issues and Legal Specialization

Friday, March 29, 2019

Elder Abuse Symposium image

Loyola Law School
Merrifield Hall
919 Albany Street
Los Angeles, CA 90015

Register Online Here

More Links: Brochure | Reg Form

8:30 a.m. – 9 a.m. | Registration
9 a.m. – 10:30 a.m. | The Intersection between Undue Influence, Lack of Capacity and Civil Financial Elder Abuse

This initial panel will cover in-depth the concepts of undue influence and lack of capacity with a review of the relevant statutes in Probate Code, Welfare and Institutions Code and Civil Code and the latest cases, and the role these concepts play in financial elder abuse litigation.

Speakers:

Honorable David J. Cowan, Supervising Judge of the Probate Department, Los Angeles County Superior Court

Susan Bernatz, Ph.D., Bernatz Experts, Marina del Rey; Los Angeles County Elder Abuse Forensic Center

Vivian L. Thoreen, Esq., Holland & Knight, Los Angeles

Philip Lindsley, Esq., San Diego Elder Law Center, San Diego

10:30 a.m. – 10:45 a.m. | Break
10:45 a.m. – 12:15 p.m. | Civil Financial Elder Abuse: Choice of Forum, Standing, Pleadings, Related Civil and Probate Claims and Remedies

This panel will cover the complex standing rules with financial elder abuse cases, the tactical considerations in choosing civil court or probate court as the forum for prosecuting the case, the ultimate facts that need to be pled, the overlapping civil and probate-related claims, the applicable statutes of limitations, tolling and the enhanced remedies under the Welfare and Institutions Code and the Probate Code.

Speakers:

  • Honorable David J. Cowan, Supervising Judge of the Probate Department, Los Angeles County Superior Court
  • Honorable Mary Thornton House, Judge, Los Angeles County Superior Court, retired; Alternative Resolution Centers (ARC), neutral
  • Vivian L. Thoreen, Esq., Holland & Knight, Los Angeles
  • Frank J. Fox, Esq., Majors & Fox, San Diego
12:15 p.m. – 1:15 p.m. | Lunch
1:15 p.m. – 2:15 p.m. | Criminal Financial Elder Abuse (The Basics)

This panel will cover the elements of criminal financial elder abuse under the Penal Code, potential remedies/restitution and sentencing, and the types of cases that state and federal law enforcement is willing to prosecute.

Speakers:

  • Janet Hasegawa, Esq., Deputy District Attorney, Financial Crimes, Riverside County
  • Alicia R. Johnson, Psy. D., Bernatz Experts, Marina del Rey
  • Prescott Cole, Esq., California Advocates for Nursing Home Reform, San Francisco
2:15 p.m. – 3:15 p.m. | Adult Protective Services, Court Investigators, Law Enforcement & Forensic Centers: Reports of Abuse & What Happens Next

This panel will cover progression of a criminal financial elder abuse case from start to finish, the respective roles and/or limitations of Adult Protective Services and Court Investigators, the District Attorney and the County’s Forensic Elder Abuse Center.

Speakers:

  • Janet Hasegawa, Esq., Deputy District Attorney, Financial Crimes, Riverside County
  • Alicia R. Johnson, Psy. D., Bernatz Experts, Marina del Rey
  • Julie Orozco, LCSW, Regional Manager, Riverside County DPSS, Adult Services Division (APS)
  • Leah Hahn, Supervising Court Investigator, Los Angeles County Superior Court
3:15 p.m. – 3:30 p.m. | Break
3:30 p.m. – 4:30 p.m. | Civil & Criminal Financial Elder Abuse: The Collection, Preservation and Admissibility of Evidence

This panel will cover the types of evidence typically used in prosecuting a civil or criminal financial elder abuse case, where and how to obtain the evidence, challenges with authentication and the hearsay rule, and admitting the evidence at trial.

  • Honorable Mary Thornton House, Judge, Los Angeles County Superior Court, retired; Alternative Resolution Centers (ARC), neutral
  • Janet K. Hasegawa, Esq., Deputy District Attorney, Financial Crimes, Riverside County
  • Vivian L. Thoreen, Esq., Chair, Holland & Knight Private Wealth Services Dispute Resolution Team
4: 30 p.m. – 5:30 p.m. | The Initial Client/Family Interview: Detecting Potential Abuse and Undue Influence Before It Happens – Or Is It Already Happening?

This panel acts out a hypothetical interview of a prospective estate planning client brought to an attorney’s office to make substantial estate planning changes to disinherit the family members. After the initial skit, the panel members critique the attorney’s effectiveness in terms of asking the right questions, controlling the meeting environment, minimizing interference from family members, and uncovering problems of cognitive impairment. The panel concludes with recommendations and techniques that can be used to increase the likelihood of preventing undue influence and abuse, and decrease the likelihood of claims for attorney malpractice or worse, financial elder abuse.

Speakers:

  • Christopher D. Carico, Esq., Carico Macdonald Kil & Benz, El Segundo
  • Prescott Cole, Esq., Senior Staff Attorney, California Advocates for Nursing Home Reform
  • Philip Lindsley, Esq., San Diego Elder Law Center, San Diego
  • Stephen R. Rykoff, Esq., Law Offices of Stephen R. Rykoff, Los Angeles

Essential Information

How to Register

  • Register Online
  • Mail to Reg Form: Program Registrations
    California Lawyers Association
    400 Capitol Mall, Suite 650
    Sacramento, CA 95814
  • Email to Program Registrations at ProgramRegistrations@calawyers.org. In order to email your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.)
  • Onsite registration will be on a space available basis. Call to confirm space availability.

Deadline

In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information must be received by Friday, March 22, 2019.

Registration Fees

  • $315 for Members of the Trusts and Estates Section
  • $420 for Non-Section Members (includes enrollment in the Trusts and Estates Section for 2019)
  • $215 for CYLA – California Young Lawyers Association (includes enrollment in the Trusts and EStates Section for 2019)

**Onsite registration fees are $315 for Section Members and $420 for Non-Section Members**

Cancellations/Refund Policy

Cancellations and request for refunds must be received in writing no later than Friday, March 22, 2019 and are subject to a $50 service charge. Refunds will not be available after this date.

Questions

For registration information, call 916-516-1757. Telephone registrations will not be accepted. For program content and/or Section information call, 916-516-1755.

Special Assistance

For special assistance, please call 916-516-1755.

Onsite Registration

Onsite registration will be on a space available basis. Call to confirm space availability. Email ProgramRegistrations@CALawyers.org to confirm space availability.

The California Lawyers Association and the Trusts and Estates Section are approved State Bar of California MCLE providers.

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