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.
September 16, 2020
Elder abuse affects one of the most vulnerable populations: older adults. A person may even abuse an elder because of the victim’s vulnerability, defenselessness, or financial gain. Thankfully, California legislators don’t tolerate elder abuse or neglect, and the state has strict laws in place prohibiting abuse among nursing homes, caregivers, and family members.
August 5, 2020
The UN General Assembly designated June as the month to raise awareness for Elder Abuse worldwide. According to WHO estimates, 1 in 6 people aged over 60 suffers from abuse, which means nearly 141 million people globally. And this number might be much higher as Elder Abuse is one of the most hidden and underreported violations of the law.
July 22, 2020
Frequent Misconceptions about Elder Abuse
San Diego County process around 9,000 cases of Elder Abuse each year. But many other incidents go unreported, leaving vulnerable adults in distressing, potentially life-changing, even dangerous, situations. If you have an elderly loved one residing in San Diego County, it is imperative to know the facts about Eldercare and Elder Abuse in California.