What Is a Trust Protector and Why Should You Have One?
A trust protector is a valuable safeguard in modern estate planning. If you’ve established a revocable or irrevocable trust to manage your assets, a trust protector adds an extra layer of security to ensure your wishes are carried out as intended. But what exactly is a trust protector, and how can this role help protect […]
Protect Against Scams with Advance Planning
Working with an estate planning attorney or elder law attorney is the best defense against elder financial abuse. Here are key legal tools seniors should consider: Set Up a Power of Attorney (POA) A Durable Power of Attorney (DPOA) allows a trusted person or professional fiduciary to handle financial matters before cognitive decline occurs.🛑 Warning: […]
How to Protect Yourself from Elder Financial Abuse: A Comprehensive Guide
Elder financial abuse is a growing problem, with scammers and even family members taking advantage of vulnerable individuals. Financial exploitation can devastate your savings and security, whether through fraudulent schemes, undue influence, or outright theft. This guide will help you recognize the warning signs and proactively protect yourself. Common Scams Targeting Seniors Scammers use a […]
Elder Financial Abuse and Undue Influence in California: A Growing Concern Understanding Elder Financial Abuse
Elder financial abuse is a serious and growing issue in California, where vulnerable older adults are often targeted by caregivers, family members, and financial advisors. This type of exploitation can take many forms, including unauthorized transactions, coercion, and fraud, often involving undue influence. What is Undue Influence? California law defines undue influence as “excessive persuasion […]
Fighting an Unlawful Ellis Act Eviction in California: Tenant Rights & Legal Options
Is Your Ellis Act Eviction Illegal? Know Your Tenant Rights in California If you’re a California tenant facing an Ellis Act eviction, it’s crucial to understand your legal rights. The Ellis Act (California Government Code §§ 7060-7060.7) allows landlords to permanently remove rental units from the market, but many landlords abuse the law to wrongfully […]
How to Prepare for a Successful Breach of Warranty Case: Tenant Rights & Legal Strategies
PREPARING FOR YOUR BREACH OF HABITABILITY CASE Common Habitability Issues in Rental Units Tenants should recognize habitability issues that could jeopardize their health and safety, including: ✅ Faulty Plumbing – Persistent leaks, sewage backups, or lack of running water. ✅ Lack of Heating – Inadequate or non-functioning heating systems during cold weather. ✅ Pest Infestations […]
Breach of Warranty of Habitability
The “breach of warranty of habitability” happens when a landlord fails to keep a rental home safe, clean, and livable for its tenants. When someone rents a home or apartment, there is an expectation—like a promise from the landlord—that the property is fit to live in. This means it should have working heat, plumbing, electricity, […]
Slander on Social Media: What You Need to Know
In 2006, a jury awarded $11.3 million in a case involving defamatory online posts.** This case, along with many others, highlights how our communication has changed with the rise of the internet. Because so much content is posted online without filters or fact-checking, defamation lawsuits are now more common to stop harmful posts or seek […]
The Prudent Investor Rule: What Every Fiduciary Should Know
If you’re managing someone else’s assets—as a trustee, conservator, or financial caretaker—the Prudent Investor Rule is your essential guide. It lays out how to make responsible investment choices that prioritize the interests of beneficiaries while growing and protecting their assets. Here’s a straightforward look at this rule, why it matters, and how it applies in […]
2025 Fiduciary Best Practices: How to Avoid Conflicts of Interest & Protect Your Role
Avoiding Conflicts of Interest as a Fiduciary: A 2025 Guide What Is a Fiduciary and Why Does It Matter? A fiduciary is someone who manages another person’s money, property, or financial affairs with the highest level of care, honesty, and loyalty. Whether acting as a trustee, executor, financial advisor, or guardian, a fiduciary is legally […]
