Elder Abuse Litigation

  In Oregon, elderly persons and dependent disabled adults are protected from abuse by special laws since 1996. The law applies to victims who are 65 years old or older, or adults over 18 who are financial incapable, or physically or mentally "incapacitated." In general terms, a person is considered incapacitated if the person has a physical or mental condition that renders them unable to manage their essential requirements for physical health and safety.

   The law allows us to file a civil lawsuit for physical abuse, or to recover money or property wrongfully taken from a protected person.  The law also allows the court to award treble (triple) damages, attorney fees, guardian fees, conservator fees, and court costs against those who abuse a protected person.  

   In some cases, not only the abuser, but someone who permits the abuse to occur can also be liable for the abuse.  Our firm both files civil suits for damages for abuse, and defends persons who may be sued for abuse or permitting abuse to occur.  We also advise fiduciaries, conservators, and guardians on their legal duties and risks in these matters prior to litigation.