Herren v. George S.
The court held that, under the Elder Abuse and Dependent Adult Civil Protection Act, a petition for an elder-abuse restraining order may be granted without a prior formal adjudication of the protected person's capacity whenever the court finds substantial evidence of financial abuse, thereby confirming that capacity determinations are not a prerequisite to obtaining injunctive relief and expanding the ability of fiduciaries and attorneys-in-fact to secure immediate protection for vulnerable elders.
Date Filed: March 04, 2025
Case Name: Herren v. George S.
Case Number: A171257A
Court: California Court of Appeal, First Appellate District, Division Three
(‘The Court holds that a petition for an elder‑abuse restraining order may be granted under the Elder Abuse and Dependent Adult Civil Protection Act even though the protected person’s capacity has not yet been formally adjudicated, so long as the court finds substantial evidence of financial abuse. By affirming the trial court’s order against the attorney who obtained a $100,000 retainer from the incapacitated settlor, the decision confirms that capacity determinations are not a prerequisite to obtaining injunctive relief under the Act. This precedent broadens the ability of fiduciaries and attorneys‑in‑fact to secure immediate protection for vulnerable elders in probate disputes.’, ‘9d4b9d3c’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.