Arbitration & Elder Abuse

Many courts have become more and more aware of several contexts in which arbitration agreements are unenforceable as a matter of law due to public policy on the basis that guaranteed rights cannot be abridged. This is especially true for elders who are victims of abuse—whether it be financial abuse, or otherwise – because public policy favors their claims be resolved in court before a jury, with all the rights and remedies the law provides them so as to not abridge the rights of this protected class.

It is the duty of public and its civil servants to act with moral responsibility and social conscience to protect the elders of society who are the subject of prey to fortune hunters who, through organized fraud, swindle the elderly out of house and home. In cases such as these, forcing arbitration can have a detrimental impact on society. Besides the aggravated emotional distress of its victims, which in and of itself ruins lives, its sets a blue-print for scammers, to continue in this common scheme to defraud elders with sizable estates.

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