| ARTICLES AND COMMENTS |
| Last revised: February 6, 2012 |
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52. Financial Exploitation of Seniors: Untangling the "How Much" Conundrum, David R. Spiegel, Washington Lawyer, November 2011 |
| A short article describing the paucity of reliable data on the frequency of elder abuse. |
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51. California's Implementation of the Annuity Provisions of the Deficit Reduction Act of 2005, Timothy Millar, CFP, CANHR Legal Network News, Fall 2011 |
| Description of treatment of fixed annuities in MediCal eligibility. |
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50. Crimes of Occasion, Desperation, and Predation Against America's Elders, June 2011, MetLife Mature Market Institute, The National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute and State University |
| A comprehensive report on the scope of elder financial abuse and suggested prevention. |
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49. Elder Justice: Stronger Federal Leadership Could Enhance National Response to Elder Abuse, United States Government Accountability Office March 2011 |
| A comprehensive study conducted by the GAO focusing on state and federal approaches to elder abuse. |
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48. Assisting Victims of Elder Financial Abuse in Recovering Their Judgment Awards, Ekaterina Deaver, 42 McGeorge L. Rev. 531, 2011 |
| Describes new legislation providing for withholding order priority for financial abuse judgments. |
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47. Das Closes the Door on Civil Liability for Financial Institution Failure to Make Mandated Elder Abuse Report, Christina M. Wickers, Vol. 16, Issue 4, Winter 2010 |
| A critique of the Das decision |
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46. Lickter v. Lickter: Taking the Legs from Under Elder Abuse Standing, Edward J. Corey, Charles L. Post, Brendan J. Begley, California Trusts & Estates Quarterly, Vol. 16, Issue 4, Winter 2010 |
| A critique of the Lickter decision. |
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45. Undue Influence: Definitions and Applications, Mary Joy Quinn, March 2010 |
| A detailed examination of the law and literature of undue influence. |
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44. Marrying into Financial Abuse: A Solution to Protect the Elderly in California, Ashley Rathbun, 47 San Diego Law Review, February/March 2010 |
| An examination of the problem of fraudulent affection and possible legislative solutions. |
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43. Causes of Action Associated with Elder Financial Abuse, Steven Riess, November 2009 |
| List of potential causes of action to include in elder financial abuse action. |
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42. Legislative History of EADACPA, Steven Riess, November 2009 |
| Chronology of chapter law history and summary of significant changes relating to financial abuse. |
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41. Senior Center Protection Project, Steven Riess, November 2009 |
| Proposed guidelines for limiting the access of predatory enterprises to senior centers |
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40. Subprime Revisted: How Reverse Mortgage Lenders Put Older Homeowners' Equity At Risk, National Consumer Law Center, October 2009 |
| A detailed explanation of the history, structure, and marketing of reverse mortgages. |
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39. Stopping Medi-Cal Eligibility Rip-Offs: A New Tool For Protecting Elders, Steven Riess, May 2009, Contra Costa County Lawyer Magazine |
| A summary of the effect of 2008 Senate Bill 1136. |
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38. Combating Financial Abuse of Elders, Steven Riess, August 2009, California Lawyer Magazine |
| A summary of the effect of 2008 Senate Bill 1140. |
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37. Broken Trust: Elders, Family, and Finances, March 2009, MetLife Mature Market Institute, The National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute and State University |
| A comprehensive report on the scope of elder financial abuse and suggested prevention. |
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36. Deceptive Practices in Sales of Deferred Annuities to Seniors, Robert S. Gianelli, November/December 2008, Consumer Attorneys of California Forum |
| Explanation and comments on the sale of deferred annuities to seniors. |
| Senate Judiciary Committee and Assembly Judiciary Committee analyses of SB1140, 2008. |
| Senate Judiciary Committee and Assembly Judiciary Committee analyses of SB1136, 2008. |
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33. The Growing Life Settlement Industry: Is Anyone Watching Out for Consumers? California Senate Banking, Finance, and Insurance Committee, February 20, 2008 |
| Senate Judiciary Committee special report on stranger originated life insurance (STOLI) and the life settlement industry. |
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32. Mind Over Matter, Sherrill Y. Tanibata, October 2007, Los Angeles Lawyer |
| A discussion of capacity and undue influence in various circumstances. |
| Senate Judiciary Committee and Assembly Judiciary Committee analyses of SB611, 2007. |
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30. Litigating Financial Elder Abuse Claims, Julia L. Birkel, John M. Byrne, Dr. Susan I Bernatz, October 2007, Los Angeles Lawyer |
| A review of the requirements for prosecuting an elder financial abuse action. |
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29. Mandatory Reporting Requirements of Financial Elder Abuse, James P. Bessolo, October 2007, Los Angeles Lawyer |
| An overview of the duties of mandatory reporters of financial abuse. |
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28. Contractual Arbitration: Is It Binding On Victims Of Elder Abuse?, Edward J. Corey, Jr., Fall 2007, California Trusts and Estates Quarterly |
| An overview of the duties of mandatory reporters of financial abuse. |
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27. Protecting Senior Investors: Report of Examinations of Securities Firms Providing "Free Lunch" Sales Seminars, Securities and Exchange Commission, Office of Compliance Inspections and Examinations (NASAA and FINRA) September 2007 |
| A report detailing abusive sales techniques through the "free lunch" seminar sales event. |
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26. Advising Seniors About Their Money: Who Is Qualified and Who Is Not?, September 5, 2007, US Senate Hearing 110-301 |
| Transcript of hearing of Special Committee on Aging on the use of professional designations to affect seniors' decisions to purchase financial products. |
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25. Does Your Elder Have Standing?, Steven Riess, Trusts & Estates Quarterly, Spring 2007 - Volume 13, Issue 1 |
| A discussion of standing issues relating to elder financial abuse actions. |
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24. Company Liability for a Life Insurance Agent's Financial Abuse of an Elderly Client, 2007 Michigan State Law Review, 683, J. Parker |
| Primarily an examination of agency theories imputing liability to a principal. |
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23. Shifting the Burden of Proof by Establishing a Confidential Relationship, Steven Riess, April 13, 2007 |
| Commentary on the consequences of establishing a confidential relationship. |
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22. Is a Variable Annuity a "Security"?: Making Sense of Inconsistent State and Federal Securities Statutes, Jason A. Richardson, PIABA Bar Journal, Winter, 2007 |
| Basic information on state regulation of securities. |
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21. Reverse Mortgages: Niche Product or Mainstream Solution? AARP Public Policy Institute December 2006 |
| A comprehensive investigation of the reverse mortgage market. |
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20. Timing Is Everything: What Is the Period Of Limitations for Elder Financial Abuse Actions?, Steven Riess, Trusts & Estates Quarterly, Fall 2006 - Volume 12, Issue 3 |
| An examination of the the statute of limitations for elder financial abuse. |
| 19. Standing and Survival of Actions, Steven Riess September 1, 2006 |
| Commentary on standing issues specific to elder financial abuse. |
| 18. Civil Remedies for Financial Abuse, Steven Riess August 9, 2006 |
| Commentary on W & I Code 15657.5. |
| 17. Definition of Financial Abuse, Steven Riess August 1, 2006 |
| Commentary on W & I Code 15610.30. |
| 16. The Danger of a Label: How the Legal Interpretation of "Care Custodian" Can Frustrate a Testator's Wish to Make a Gift to a Personal Friend, Kirsten M. Kwasneski, 36 Golden Gate U. L. Rev. 269, Spring 2006 |
| An examination of the antecedents of Probate Code 21350, together with proposed amendments. This article pre-dates the Supreme Court's decision in Bernard v. Foley. |
| 15. Annuities, Craig J. McCann and Kaye A. Thomas 2006 |
| An excellent overview of variable annuities. |
| 14. Elder Financial Abuse Task Team Report to the California Commission on Aging, March 8, 2005 |
| Recommendations for improving community education and collaboration with law enforcement. |
| 13. An Overview of Equity-Indexed Annuities, Craig J. McCann and Dengpan Luo 2005 |
| An excellent overview of fixed annuities. |
| 12. Validity, Construction, and Application of State Civil and Criminal Elder Abuse Laws, James L. Buchwalter, 2003, 113 A.L.R.5th 431 |
| This is a very general survey of the features of elder abuse statutes from a national perspective. |
| 11. Financial Planning or Fleecing of Seniors? Insurance Products and Investments, California Senate Insurance Committee Hearing: February 27, 2003 |
| California Senate Insurance Committee report reviewing abuse insurance sales to elders. |
| 10. Financial Abuse of the Elderly: Is the Solution a Problem?, Carolyn L. Dessin, Winter 2003, McGeorge Law Review |
| An overview of the various statutory responses to financial elder abuse of various states. |
| 9. Annuities 101: How to Sell to Senior Citizens, July 2, 2002, The Wall Street Journal |
| A description of sales training and techniques targeting elders. |
| 8. Respecting Our Elders, Steven G. Mehta, Los Angeles Lawyer, December, 2000 |
| A review of the California Legislature's response to elder abuse. |
| 7. Forgotten Victims of Elder Financial Crime and Abuse, Lisa Nerenberg, Goldman Institute on Aging, August, 1999 |
| A summary of four roundtable discussions regarding the roles of criminal justice, civil justice, regulatory agencies, and victim's advocates in elder abuse prevention and relief. |
| 6. The National Elder Abuse Incidence Study, National Center on Elder Abuse, September 1998 |
| A comprehensive study on national incidence of elder abuse. |
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5. An Interview with Margaret Singer on Undue Influence, Nexus, volume 2, issue 1, March 1996 |
| Comments and observations on undue influence. |
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4. Assessing Mental Capacity and Susceptibility to Undue Influence, James E. Spar, MD, Marc Hankin, Ann B. Stodden, Behavioral Sciences and the Law, Vol. 13, 391-403, 1995 |
| Studies, comments, and observations on undue influence. |
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3. Mental Incapacity to Marry, Marc Hankin and Stephen Read, Winter 1994, Estate Planning Trust & Probate News |
| A discussion of the legal capacity to consent to marriage. |
| 2. Undue Influence in Contract and Probate, Abraham Nievod, 1993, Vol. 10, Cultic Studies Journal |
| A review of undue influence statutes and case law in the contexts of contract and testamentary disputes. |
| 1. The Elder Abuse and Dependent Adult Civil Protection Act, Marc Hankin, 26 Beverly Hills Bar Association Journal 18, Winter, 1992 |
| Review of features of EADACPA as codified in 1991. |