Court of Appeals Rules California Courts Can Still Act
Financial Abusers Took Elder And Her Property Out Of State
California Can Still Exercise Jurisdiction Over Abusers
One of the patterns that comes up in elder abuse cases quite frequently is where an individual abusing a California senior financially and perhaps physically too removes that senior from California to another State. The California Court of Appeals recently ruled* in a dispute on these kinds of facts that the California courts retain jurisdiction over any trust and assets of the senior despite the abusers’ alleged removal of the senior from California. The elder abuse litigators applaud the decision and had seen numerous incidents where an abuser takes a senior victim away from California to isolate them and continue financial or other elder abuse. If you have a loved one who has been the victim of any form of elder abuse originating in California, call us today at (415)441-8669, and we can help.
Transportation of a senior out of state by a financial predator typically may be part of a scheme to isolate the older person for further financial elder abuse and escape the scrutiny of family or – the California courts. It also may be an attempt to avoid the wide-ranging elder protections under California law. Whatever the motivation, the recent Court of Appeals decision aids families pursuing abusers who may have inappropriately removed a senior loved one – and their money – out of the State in order to isolate and financially abuse them. In the reported case, the appellate court found that the out of state defendants’ connections to the State of California where the senior’s trust and other assets remained constituted sufficient contacts to California for the court to exercise personal jurisdiction.
Obviously, it is simpler to pursue a financial abuser before he or she transports a senior out of the State. That is one reason why it is always advisable to contact counsel after even a suspicion of financial or other elder abuse of an older Californian. Elder abusers go to great lengths to isolate their victims and move quickly. It is not unheard of for an older person to have been removed from the state before the family even knows what happens. To prevent that kind of abduction, keep an eye on everything going on in a senior loved one’s life and call counsel, such as the elder abuse attorneys at Evans Law firm, immediately if you suspect abuse.
If you suspect any kind of elder abuse of a senior loved one at all, call Ingrid M. Evans and the other elder abuse attorneys at Evans Law Firm, Inc. at (415) 441-8669, or by email at firstname.lastname@example.org as soon as you suspect anything. Our litigators will pursue justice for injured older persons against all those responsible, whoever and wherever they are.
*See Van Buskirk v. Van Buskirk, 2020 Cal. App. LEXIS 769, Case No. B295648 (2d App. Dist., Aug. 14, 2020). Evans Law Firm, Inc. is not involved in the reported case in any way.