USA – CALIFORNIA Trends and Developments Contributed by: Jennifer Jordan McCall, Paul Fraidenburgh, Alexandria Marx and Maria Williams, Pillsbury Winthrop Shaw Pittman LLP
probate court exceeded its statutory authority under Welfare and Institutions Code section 15657.03 by issuing order declaring deed void ab initio in elder abuse restraining order proceeding. Gracia filed a request for elder abuse restraining orders (EAROs) against her daughter, Marina. Gracia alleged that Marina misled Gracia to sign a deed transferring title of her home to Marina. In her request for EAROs, Gracia also requested an order requiring Marina to sign a rescission deed. The probate court found that Gracia met her burden of demonstrating financial abuse and issued EAROs with an expiration date of two years. The probate court further ordered that the transfer deed was void ab initio. Marina appealed. The appellate court affirmed in part and reversed in part. Pursuant to the summary procedure set forth in Welfare and Institutions Code section 15657.03, trial courts may issue any of the specifically enumerated restraining orders in subdivision (b)(5) for a specified duration of time not to exceed five years. The pur - pose of the statute is to secure the immediate safety of an elder to prevent further acts of abuse, but it does not supplant other provisions of the Elder Abuse and Dependent Adult Civil Protection Act (the Act). The order declaring the transfer deed void ab initio is not among the specifically enumerated restraining orders and violates the statute’s durational provisions. Permanent remedies, including the return of property, may be secured through a civil action under other pro - visions of the Act. iii. Advanced healthcare directive In Harrod v Country Oaks Partners , LLC, 15 Cal. 5th 939, 946, cert. denied, 145 S. Ct. 175, 220 L. Ed. 2d 31 (2024), the California Supreme Court held a skilled nursing facility cannot compel arbitration of claims arising from a principal’s alleged maltreatment, pur - suant to a contract signed by a health care agent. Charles Logan (“Logan”) executed a power of attor - ney for healthcare naming his nephew, Mark Harrod (“Harrod”), as his agent, using the California Medical Association form which is patterned on the Health Care Decisions Law. Logan was admitted to Country Oaks Care Center (“Country Oaks”), a skilled nursing
facility, to obtain living assistance and rehabilitative treatment. Harrod signed two contracts, one admit - ting Logan to the facility, and another agreeing to arbitration. The arbitration agreement was optional. Harrod, acting as Logan’s guardian ad litem, filed a lawsuit against Country Oaks, alleging negligence, elder abuse, and other causes of action. Country Oaks moved to compel arbitration. The trial court denied the motion reasoning that Harrod’s power to make health care decisions for Logan as his healthcare agent did not include the power to sign the optional arbitration agreement. The appellate court affirmed. The California Supreme Court affirmed. The mean - ing of a “health care decision” as provided by statu - tory authority, does not include the power to enter optional, separate dispute resolution agreements. Examples of a healthcare decision directly pertain to who provides healthcare and what may be done to a principal’s body in health, sickness, or death. There is no catch-all provision, no express delegation of power to make decisions that serve other purposes, and no grant of power to waive access to the courts by agree - ing to arbitration. Cautionary notes for planning and protection of beneficiaries The importance of clear communication As discussed in last year’s Chambers Global Practice Guide for Private Wealth 2025 co-authored by Jen - nifer Jordan McCall, the recent year has continued to highlight the importance of discussing financial plan - ning openly within the family. This prepares children to receive and protect their inheritance, creates a solid foundation for a healthy marriage, and can help to pro - tect elderly and cognitively vulnerable elderly clients from abuse and undue influence. Trusts and protective mechanisms Trusts can help to protect beneficiaries from poten -
tially predatory third parties. Prenuptials to promote clarity
A prenuptial agreement provides a good context for frank discussions of money and how it will affect the relationship. Developing self-esteem through employment and working on healthy relationships can empower a person with wealth to maintain inter -
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