Elder Abuse Litigation
Unfortunately, instances of financial elder abuse have become common and are on the rise. Caregivers, new friends, trustees, conservators, financial advisors and family members often abuse the power and trust given to them by the elder. In many cases, financial elder abuse is a result of undue influence, breach of trust or fraud. We can help you take steps to protect yourself or a vulnerable individual to prevent financial abuse from taking place. The law provides litigation remedies to stop elder abuse including restraining orders, removing a trustee or obtaining the emergency appointment of a conservator. Being proactive can prevent greater heartache later in these difficult situations. Damages and attorney fees are often recoverable.
False claims or accusations of elder financial abuse are also on the rise and need to be defended. The power of accusation can be devastating to a reputation. Some abusers make false accusations to gain control and isolate an elder from the elder’s support network. Others make allegations due to lack of information and some make accusations simply to be hurtful. We can help you take action to defend yourself against false allegations of elder abuse whether you are a fiduciary, advisor, family member or friend.
Financial elder abuse takes many forms and can include:
- Undue influence
- Fiduciary Abuse
- Financial abuse by a family member, friend or neighbor
- Abuse of power of attorney
- Theft and Conversion
- Breach of trust
At Knitter & Knitter, our attorneys protect the rights of our clients with strategic, aggressive and compassionate representation. David Knitter has published numerous articles and regularly gives educational presentations to groups of attorneys and other professionals on financial elder abuse and related issues such as undue influence. He has litigated numerous cases of financial elder abuse involving undue influence, breach of trust and fraud.
If undue influence, fraud or coercion resulted in amendments to trusts, wills or powers of attorney, we will work to undo the invalid documents. We can also petition the court to remove the abuser’s name from deeds, accounts and other assets. If false allegations have been made that documents are invalid, we can assist you in establishing the validity of the documents.
If you are a victim, suspect elder abuse or have had false accusations made against you, take action immediately and contact us online or at 707-469-8880 or 415-331-7500.