Resources for Attorneys

In addition to representing clients, Resources for Consumers also works to increase awareness of elder abuse and promote protection for our seniors.  We provide the following selected resources for other California attorneys working to do the same.

California Elder Abuse Acts (Codified Laws)

• Elder Abuse and Civil Protection Act: Welfare & Institutions Code § 15600 et seq.
• Financial Abuse Reporting Act of 2005 (Amended Statutes): Welfare & Institutions Code §§ 15630-15632

Relevant California Laws Regarding Wills, Contracts, Capacity, Fraud, and Remedies

• Effect of Homicide or Abuse of an Elder: Probate Code §§ 250-259
• Legal Mental Capacity: Probate Code §§ 810-813
• Remedies, Conveyance, or Transfer of Property Claimed to Belong to Decedent or Other Person: Probate Code §§ 850-859
• Limitations on Transfers to Drafters: Probate Code §§ 21350-21356
• Persons with Unsound Mind: Civil Code §§ 38-41
• Contracts/Consent, Duress, Fraud, Undue Influence: Civil Code §§ 1565-1590
• Unlawful Contracts: Civil Code §§ 1667-1670.6
• Rescission: Civil Code §§ 1688-1693
• Contractual Obligations Imposed by Law (Actionable Fraud, Deceit): Civil Code §§ 1708-1725

Relevant California Consumer Protection Laws

• Consumers Legal Remedy Act: Civil Code § 1750 et seq.
• Deceptive Practices: Civil Code § 1770
• Remedies and Procedures (Including, Special Provisions for Senior Citizens): Civil Code§ 1780-1784

Relevant California Laws Regarding Reverse Mortgages, Annuity Sales, Insurance, and Sales of Financial Products

• Reverse Mortgages and Connected Annuity Sales Prohibited: Civil Code §§ 1923-1923.10
• Misrepresentations of Insurance Policies: Insurance Code §§ 780-784
• Misrepresentations of Insurance Policies Sold to Senior Citizens: Insurance Code §§ 785-789.10
• Requirements for Replacement of Life Insurance and Annuity Policies (Including Duties Related to Disclosures and Sales): Insurance Code §§ 10509-10509.9
• Sales of Financial Products by Lawyers to Elders: Business & Professions Code §§ 6175-6177

Civil Damages for Fraud

• Exemplary/Punitive Damages: Civil Code §§ 3294-3296

California Code of Regulations

• A link to a searchable online set of the California Code of Regulations can be found at: http://www.oal.ca.gov/

For additional resources on elder abuse, please see our consumer elder abuse resources page or contact Nettesheim Law today at (805) 585-6000.