Whats the difference between civil liability and elder abuse liability?
A. Any physical or financial abuse of an elder or dependant adult falls under the Welfare & Institutions Code statute which allows for enhanced damages. For example, when a person has died as a result of a civilly liable act, the estate or family cannot collect monetary damages for pain and suffering. In an elder abuse case, the statute allows the estate or family to collect damages for pain and suffering. Punitive damages may also be awarded in a civil case for elder abuse. Certain cases are also criminally prosecuted. Q. My elderly aunt recently changed her will and named her young caregiver as a beneficiary. I am afraid that the caregiver intimidated my aunt to make the change to her will. A. Caregivers and relatives who are in close contact with an elderly person are presumed to have exerted influence when they replace other persons as beneficiaries to a will or trust. The caregiver or influential person must then show some proof that they did not exert undue influence over the eld
