Undue Influence: Definitions and Applications - California Courts ...

8. An elder’s will, living will, or trust is altered with a new caretaker or friend as beneficiary
or executor;
9. An elderly person develops mistrust of family members, particularly about financial
affairs, with this view supported by a new friend, acquaintance, or caretaker;
10. An older person finds a new caretaker who guarantees lifelong care in exchange for the
elder’s assets;
11. An elderly person is in a relationship characterized by a power imbalance between the
parties, with the caretaker assuming restrictive control and dominance;
12. A caretaker or friend accompanies an elderly person to most important transactions, not
leaving him or her alone to speak for himself or herself;
13. An elderly person writes checks for cash, in round numbers or large amounts, or gives
cash gifts to the caretaker or the caretaker’s family;
14. An older person becomes increasingly helpless, frightened, or despondent, feeling that
only the caretaker can prevent his or her further decline; and
15. An elderly person sees an acquaintance or caretaker as exalted, with unusual powers or
influence.
California Codes Pertaining to Undue Influence
Like most states, California addresses undue influence in its contract and conveyance
laws. California Civil Code §1575 describes undue influence as:
• The use, by one in whom a confidence is reposed by another, or who holds a real or apparent
authority over him, of such confidence or authority for the purpose of obtaining an unfair
advantage over him;
• Taking an unfair advantage of another's weakness of mind; or
• Taking a grossly oppressive and unfair advantage of another's necessities or distress.
In 2002, the California Supreme Court defined undue influence as “pressure brought to
bear directly on the testamentary act, sufficient to overcome the testator’s free will, amounting in
effect to coercion destroying testator’s free agency” (Rice v. Clark (2002) 28 Cal. 4 th 89).
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