Elder Abuse & Theft by Undue Influence in California

Elder abuse is the maltreatment of a senior by a relative, friend or caregiver, including physical, emotion and financial abuse, and neglect. In California, personal or real property that is obtained from a senior via the use of undue influence is considered financial abuse.

California Laws

California has several statutes and case laws pertaining to elder abuse, including California Civil Codes 1575 and 3345, California Probate Code 859 and California Penal Code 368, according to the law firm Schwartz & Schwartz.

Undue Influence

In particular, California Civil Code 1575 distinguishes undue influence as the use of influence by someone who exercises authority over an elder in order to take unfair advantage of that person's vulnerable state of mind, neediness, pain or agony. Undue influence typically results when the perpetrator has a close and fiduciary relationship with the senior and profits from it.

Burden of Proof

In California, the burden of proof is placed on the defendant to prove that undue influence does not exist. In addition to determining the circumstances and facts of each case, the court will look at whether or not the defendant gave the elder due consideration, as well as the degree of isolation and health of the elder. The court also considers whether the senior obtained independent legal advice before handing property over to the defendant.

References

• California Elder Abuse Rights: Elder Financial Abuse
• Schwartz & Schwartz: Relevant Statutes: Undue Influence
• Schwartz & Schwartz: Notable Recent Case Law

Resources

• Los Angeles County District Attorney's Office: Elder Abuse
• National Committee for the Prevention of Elder Abuse