With an aging population living longer than ever and initiating the largest wealth transfer in history, elderly clients need sound legal advice from trust and estate lawyers. The recent case of Herren v. George S. may discourage lawyers from advising those clients when capacity is in question, for fear of being accused of elder abuse. The panelists will discuss the framework for liability under California’s Elder Abuse and Dependent Adult Civil Protection Act, how it may apply to lawyers when advising elderly clients, and best practices for advising the elderly without becoming a defendant in an elder abuse case.