When the client marries at age 85 and in ill health…

A number of posts here lately have dealt indications that our elderly clients are being abused and the paralegal’s role in being aware of those indications. The most recent post noted that on occasion the issue arises out of conduct of the attorney with regard to the client. As if to emphasize my point, there’s this from Legal Profession Blog today:

A story posted today at SFGate.com describes a recent California disciplinary action:

A veteran Pacifica attorney is facing disbarment for allegedly duping an 85-year-old client into giving her $339,000, entering into a sham marriage with him and ignoring his will by having him cremated after his death.

Linda Lowney “took advantage of a lonely, sick old man” and thwarted his intent to transfer his estate to his nieces, Judge Pat McElroy of the State Bar Court said Friday.

She ordered the immediate suspension of Lowney, who has practiced law since 1978 and had no disciplinary actions on her record. The disbarment could be appealed to the state Supreme Court, but Lowney’s attorney, Jonathan Arons, said Tuesday he had little hope that such an appeal would succeed, despite his disagreement with the ruling.

“I think they (the court) misunderstood the relationship,” Arons said. “This was a marriage.”

The attorney was 54 when she married a man who was “85 and in poor health.”

According to SFGate:

Lowney also sued for a share of Tollefsen’s estate. A state appeals court ruled against her in 2009, suggested “financial abuse of elders” was involved and referred the case to the State Bar.

While I have no knowledge other than this, I suspect a paralegal was a witness in these matters!

h/t ABAJournal.com who notes:

Back in 2002, Linda Lowney drafted a will for her client, Thor Tollefsen, that provided for his estate to go to his sister and two nieces in Norway.

But by 2005 the 54-year-old California attorney had become involved with Tollefsen, 85. He gave her $339,000, with his nieces’ consent, and the two got married in January 2006, using a confidential license, reports the San Francisco Chronicle.

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