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Apr 28, 2017 · When an elder’s estate or trust is suddenly changed without explanation to produce an unjust outcome, an unscrupulous family member, caretaker, or other individual could be committing elder financial abuse, with the means of coercion known as undue influence.
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How do I prove undue influence under California financial elder abuse law?
Does California have undue influence on Elder financial abuse?
Is undue influence a basis for Elder financial abuse?
What is undue influence in California?
May 8, 2024 · “Undue influence” means excessive persuasion that overcomes another person’ s free will and causes the person to do something or to not do something that causes an unfair r esult.
The need for a clear definition of undue influence is also due to the “discovery” and upsurge in the reporting of elder abuse and neglect. This phenomenon, first described in the 1980s in the United States, resulted in a number of publications and research projects, as well as changes in state laws across the country.
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Oct 18, 2018 · Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result.
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Undue influence is a psychological process that may be used against an older person as a means of committing two forms of elder abuse: financial exploitation or sexual abuse. Undue influence is also a legal concept. Case law and statutes recognize that undue influence can undermine an individual’s self-determination.
The court of appeal affirmed the judgment that found Kenton liable for elder financial abuse through undue influence and ordered him to pay $1.5 million in damages and upheld a prejudgment right to attach order.
Elder abuse is a somewhat hidden problem in society and in the justice system and may be an underlying factor in a variety of court cases involving older persons. In California:
