GED Wins Financial Elder Abuse Trial
July 1, 2022
GED attorneys Marc Eisenhart and Steven McLellan represented their client in a financial elder abuse case. The court ruled in their clients favor after a four day bench trial. GED will assist their client in obtaining attorneys' fees and costs.
The case concerned a son taking rent checks that his father was supposed to receive. The son claimed that the father wanted the son to have the rent checks. GED introduced expert testimony that the father lacked capacity, and that the son's testimony was contradicted by the renter.
Ultimately, the trial judge ruled in favor of GED's client. Following the financial elder abuse statute, the court found that the son had taken the rent checks without authorization. Further, the court found that the son committed financial elder abuse in bad faith by clear and convincing evidence. Accordingly, the court ordered that the son was disinherited from the father's estate as to the amount taken.