Holland & Knight Alert: California Creates New “Anti-Isolation” Restraining Orders for Elders and Dependent Adults (October 12, 2021)

Robert Barton, Jaime B. Herren, and Vivian M. Rivera of Holland & Knight LLP, have made available for download their article, “California Creates New ‘Anti-Isolation’ Restraining Orders for Elders and Dependent Adults” published as a Holland & Knight Alert. The article begins as follows:

California Gov. Gavin Newsom on Sept. 23, 2021, signed Assembly Bill (AB) 1243, a bill which creates a new class of “anti-isolation” restraining orders in the state. These new anti-isolation restraining orders, which go into effect on Jan. 1, 2023, will be transformative in the fight against elder abuse and will also create a dramatic new landscape for trust and estate litigators.

Under AB 1243, for the first time, family members and friends will be able to bring a petition seeking an order to enjoin the alleged isolation of an elder or dependent adult under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act). Previously, only the elder or dependent adult, their conservator, trustee or an attorney-in-fact acting within their authority were able to seek protection under the Elder Abuse Act.

In this first of a series of Holland & Knight alerts, the authors provide an overview of existing law as it relates to elder abuse restraining orders and the impact of the new legislation on this existing legislative scheme.

To view and download the article, click here: “California Creates New ‘Anti-Isolation’ Restraining Orders for Elders and Dependent Adults”

Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal

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