California Creates New "Anti-Isolation" Restraining Orders For Elders And Dependent Adults

• Published date: 14 October 2021
• Subject Matter: Government, Public Sector, Food, Drugs, Healthcare, Life Sciences, Constitutional & Administrative Law
• Law Firm: Holland & Knight
• Author: Mr Robert Barton and Vivian M. Rivera

Highlights

• California Gov. Gavin Newsom on Sept. 23, 2021, signed Assembly Bill (AB) 1243, a bill which creates a new class of "anti-isolation" restraining orders in the state. These new anti-isolation restraining orders, which go into effect on Jan 1, 2023, will be transformative in the fight against elder abuse and will also create a dramatic new landscape for trust and estate litigators.
• Under AB 1243, for the first time, family members and friends will be able to bring a petition seeking an order to enjoin the alleged isolation of an elder or dependent adult under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act).
• This Holland & Knight alert provides an overview of existing law as it relates to elder abuse restraining orders and the impact of the new legislation on this existing legislative scheme.

California Gov. Gavin Newsom on Sept. 23, 2021, signed Assembly Bill (AB) 1243, a bill which creates a new class of "anti-isolation" restraining orders in the state. These new anti-isolation restraining orders, which go into effect on Jan. 1, 2023, will be transformative in the fight against elder abuse and will also create a dramatic new landscape for trust and estate litigators.

Under AB 1243, for the first time, family members and friends will be able to bring a petition seeking an order to enjoin the alleged isolation of an elder or dependent adult under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act). Previously, only the elder or dependent adult, their conservator, trustee or an attorney-in-fact acting within their authority were able to seek protection under the Elder Abuse Act.

In this first of a series of Holland & Knight alerts, the authors provide an overview of existing law as it relates to elder abuse restraining orders and the impact of the new legislation on this existing legislative scheme.

Overview of Existing Law Related to Elder Abuse Restraining Orders

Under existing California law, an elder or dependent adult who has suffered abuse, or another person who is legally authorized to seek that relief on their behalf, may seek a protective order against another person who engages in certain, prescribed types of abuse. (Welfare & Institutions Code, ' 15657.03, et seq.)

Existing law allows a party to obtain an order enjoining another party from conduct defined by statute, including "abusing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting...