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Saturday, April 07, 2012

Article Published in California Trusts and Estates Quarterly

My article, Das Closes The Door On Civil Liability For Financial Institution Failure To Make Mandated Elder Abuse Report, was published in the California State Bar Trust and Estates Quarterly (Vol. 16, Issue 4, Winter 2010). The article discusses Das v. Bank of America N.A. (2010) 186 Cal. App. 4th 747, which confirms standards set by California Welfare and Institutions Code Section 15630.1 (f) and (g) to limit recovery against banks for failure to make the required elder abuse report by imposing a cap of $5,000.00 fine while also making it impossible for persons other than the Attorney General, District Attorney or County Counsel to bring suit for such failures. In my article, I urge the California legislature to amend Welfare and Institutions Code Section 15630.1 (f) and (g) to embrace California Evidence Code Section 669, omit the cap on recovery and allow for private civil action and protect our elderly population. Check it out!