Domestic Violence and Elderly Abuse

At the Orange County Law Office of David P Schwarz we have litigated numerous cases involving domestic violence and elder abuse. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A domestic violence attorney will protect the interest of an Elderly Frail Victim in Fiduciary Duty Cases. Establishing a fiduciary or confidential relationship as a basis for a fiduciary duty owed to the elderly plaintiff yields important advantages to the victim of elder abuse in contract and tort actions.

There are two general categories of fiduciary relationship. One arises from the relationship of the parties and the law assigns fiduciary duties in those cases or “deems” that relationship to be a fiduciary relationship.

A Domestic Violence lawyer will protect you from any of these situations that might occur. The second category involves cases where a fiduciary relationship arises from the facts in a particular setting. While some authorities characterize the “deemed” fiduciary relationship as a “fiduciary relationship,” and the relationship arising from the facts and circumstances of the relationship as a “confidential relationship,” the legal consequences of the two relationships are the same.

“Deemed” fiduciary relationship as a matter of law: There are certain relationships that the law deems to be fiduciary. There are many obvious examples of the deemed fiduciary relationship:

  • principal and agent;
  • husband and wife;
  • partners or joint venturers;
  • attorney and client;
  • trustee and beneficiary;
  • health care provider and patient.

At the Orange County Law Office of David P Schwarz we provide full protection from any breach of fiduciary duty that may have been inflicted upon the elder abuse victim.

The above list is not comprehensive. These relationships are deemed fiduciary and the parties to such relationships owe a duty of utmost good faith as a matter of law.

A Domestic Violence attorney will explain to their client that If the defendant stands in one of these above listed relationships with the victim, the age, infirmity or diminished capacity does not de facto mean there is a fiduciary breach. The vulnerability of the victim is not essential to establishing a fiduciary relationship.

Fiduciary relationship “in fact” (confidential relationship): If the defendant and plaintiff victim did not stand in a relationship of the sort mentioned above, a fiduciary relationship may still exist where the necessary elements of the relationship exist as a matter of fact.

In order to distinguish this type of fiduciary relationship from the “deemed” relationship above, the authorities refer to the fiduciary relationship arising from the facts as a “confidential relationship.” Because the confidential relationship exists in a variety of fact patterns or circumstances, it is more difficult to describe or identify than the fiduciary relationship.

At the Orange County Law Office of David P Schwarz we are proud of our record and in prosecuting violators of elder abuse domestic violence. Please contact our office at 949 735 9266 for a consultation. We can also be contacted on the web. In addition we can be reached by email at dpslaw66@mail.com.

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