November 10, 2021
In September 2021, Art Gharibian of Gharibian Law was honored to represent the Holley family in the precedent-setting Holley v. Silverado Senior Living Mgmt., Inc. (2020) 53 Cal.App.5th 197 case. This case involved the often confusing area of arbitration laws in California, and was featured in Advocate Magazine.
What is a Conservator?
A Conservator is an individual who is appointed, by the courts, to care for someone who is no longer able to care for themselves. Typically the Conservator is a child, spouse, or other individual who is caring for a relative.
What is Arbitration?
For decades, businesses have included an arbitration clause in contracts to protect themselves in the case that grievances turn to legal action. Arbitration is often seen as controversial, especially in cases involving nursing homes and care facilities.
“In fact, a 2009 study commissioned by the American Health Care Assn. — the nursing-home industry group — found that average awards from arbitration in nursing-home cases were about 35% lower than what could have been expected if the cases had gone to trial.”
– David Lazarus, LA Times (2017)
This case involved the Holley family who faced the complicated laws surrounding the role of temporary conservators and much-disputed arbitration clauses.
In Holley v. Silverado Living Management, Inc., Elizabeth Holley’s children, who had been assigned as temporary conservators on behalf of their mother, filed suit against the Silverado Living Management care home contending that their mother was the victim of elder abuse, neglect, and substandard care while living at the facility.
Silverado Living Management then petitioned to force arbitration but were denied by both the Superior Court and the Court of Appeal.
Read the full analysis of this case here, and more about what you can do to identify and prevent elder abuse here.
If you have been a victim of Elder Abuse or know of an Elder Abuse case, please contact the proper authorities and then call Gharibian Law (866-239-8812) for the best legal representation.
November 3, 2021
When it comes to your own safety or the safety and well-being of a loved one, you want the best advice and quality legal representation. That’s why when it comes to Elder Abuse cases you do not want to put your case in the hands of an attorney who does not have Elder Abuse experience. We wanted to talk a little bit about the difference between Personal Injury and Elder Abuse attorneys, and the importance of hiring the lawyer that can do the most for you.
Personal Injury Attorney vs. Elder Abuse Attorney
While Personal Injury attorneys know the ins and outs of laws and legal precedent for general neglect, car accidents, and slips and falls, they also handle cases from a variety of different areas that are not related to elder abuse or nursing homes, making them more general practitioners of injury law.
Elder Abuse attorneys practice a niched sector of law, specializing in the very unique laws governing nursing homes and the treatment of elders. Attorneys, like those at Gharibian Law, have dedicated their careers to Elder Abuse law, they know how nursing homes work, what standards they should be held to, and how the law addresses the specific failures, financial and physical abuses, and neglect that occur within the nursing homes and other programs designed for California’s senior citizens.
Making the Call
When you contact an Elder Abuse attorney, you know your case is not going to be added to a pile of other unrelated cases – the attorney will have tried and true strategies, know who to contact for professional opinions and testimony, and will personalize their fight to your case.
Gharibian Law encourages anyone with knowledge or suspicions of Elder Abuse to contact the proper authorities, and then call an Elder Abuse law expert. Elder Abuse is untenable, don’t let your case be treated like any other injury case.
October 20, 2021
October is Residents’ Rights Month, and we at Gharibian Law are excited to celebrate and raise awareness. We’ve talked about some of the steps being taken to improve the lives of nursing home residents, but there are still improvements to be made, so we’d like to encourage all residents to speak up and caregivers and loved ones to take action.
Know Your Rights
Knowing your rights as a nursing home or care facility resident is incredibly important. Knowing how you should be treated will help determine if your care facility is in violation of any laws or standards of living.
Among others, some of your rights as a nursing home resident are:
- The right to privacy
- The right to information about your community
- The right to visits from family and friends
- The right to attend and take part in religious and community activities
- The right to protection from descrimination
Abuse and neglect can go unnoticed by loved ones, but if you believe you’ve been the victim of abuse, speak up. If you are an employee of a care facility, don’t let abuse and neglect go unchecked, speak up. And if you are a loved one of someone in a nursing home or care facility, know that you have the voice and power to protect your loved one. So don’t be scared to speak up!
As always, we encourage anyone who witnesses, knows of, or has been the victim of abuse or neglect to report all incidents to the authorities and get in touch with a lawyer. Having the best legal defense on your side is essential, so be sure to contact Gharibian Law (866-642-5915) to get world-class representation from a team that cares and fights hard for your rights.
September 30, 2021
If you are a senior citizen, or if you’re caring for a senior citizen, then you know how overwhelming it is to sort through all of the resources available to you and make sure you are receiving the best information.
Here are five great resources available to anyone making an informed decision regarding the rights, benefits, and safety of themselves or a family member.
The City of Los Angeles Department of Aging has tons of resources that cover almost any area of living, education, health, and finance relevant to senior citizens. They offer counseling services for Medicare, information regarding memory problems, housing options, and more.
Similar to the Department of Aging, the Department of Social Services has a long list of resources that can help you and your loved one decide what best serves them. Just a few of the services you can learn about are In Home Supportive Services, retirement living and continuing care, and the rights provided by Adult Protective Services.
The Department of Financial Protection and Innovation has two key resources we wanted to share: the Check Before You Invest worksheet, and the info sheet on Financial Elder Abuse. Elders are often targeted for financial scams, so knowing your rights and the common ways scammers take advantage is critical to protecting yourself and your loved ones.
AmeriCorps and their volunteer programs provide companion services to elderly residents across the country. Their services are a great way to make sure there is someone there to help your loved one when you can’t be there. They do everything from dropping off groceries to spending an afternoon as a friend.
This podcast is a great way to continue your education regarding your own care as you age, or that of a loved one. In some of their episodes, the hosts consult professionals and advocates on topics like The Care of Individuals with Dementia, Understanding Person-Centered Care, and more!
And, of course, if you or your loved one experiences abuse, we at Gharibian Law will fight for you. Don’t hesitate to contact us by phone (866-958-4052) or email (email@example.com) to learn more about our services.