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

More documents

Recommendations

Info

Table 4. Did the alleged abuser file a competing petition or contest the conservatorship? Number Percent Yes 2 8% No 23 92% TOTAL 25 100% Table 5. Purpose of conservatorship with respect to alleged undue influence Number Percent Provide court supervision of assets in jeopardy 22 88% Prevent further loss of assets 20 80% Take control out of h<strong>and</strong>s of alleged abuser 6 24% Ensure proper care 4 16% Recover misappropriated assets 3 12% Revoke contracts (including marriage) 2 8% Need for third party legal action to stop abuse 1 4% Other 1 3% Note: Percentages do not sum to 100 because some cases involved more than one purpose. Table 6. Was APS involved in the case? Number Percent Yes 24 96% No 1 4% TOTAL 25 100% Table 7. Gender of proposed conservatee Number Percent Male 12 48% Female 13 52% TOTAL 25 100% 129
Table 8. Age of proposed conservatee Number Percent Younger than 60 2 8% 60 to 70 0 0% 70 to 80 5 20% 80 to 90 11 44% 90 or older 7 28% TOTAL 25 100% Mean Median 80.9 years 82.0 years Table 9. Proposed conservatee’s marital/relationship status Number Percent Widowed 11 44% Never married 5 20% Currently married 3 12% Divorced 4 16% Unable to determine 2 8% TOTAL 25 100% Table 10a. Proposed conservatee’s residence or placement at time of petition Number Percent Private residence 25 100% Nursing home 0 0% Assisted living facility 0 0% Congregate living 0 0% TOTAL 25 100% 130
Page 1 and 2:
UNDUE INFLUENCE: DEFINITIONS AND AP
Page 3 and 4:
Claims of undue influence can be di
Page 5 and 6:
probate courts. They encounter it a
Page 7 and 8:
4. Focus groups with San Francisco
Page 9 and 10:
More recent law is contained in Cal
Page 11 and 12:
searching bibliographic databases a
Page 13 and 14:
submissiveness to point that victim
Page 15 and 16:
Elements of Undue Influence Describ
Page 17 and 18:
Category I Category II Category III
Page 19 and 20:
Category I Category II Category III
Page 21 and 22:
Focus Groups To gain greater insigh
Page 23 and 24:
for love, emotional attachment, or
Page 25 and 26:
who would deliver the money.’’
Page 27 and 28:
esidence (as opposed to, for exampl
Page 29 and 30:
percent), followed by a change in a
Page 31 and 32:
escinding the sale of the house. Ri
Page 33 and 34:
Capacity Declaration Form The menta
Page 35 and 36:
Case Examples Case Five A 75-year-o
Page 37 and 38:
to undue influence and to more reli
Page 39 and 40:
Project staff have been invited to
Page 41 and 42:
APPENDIX A REPORTS OF CASES DECIDED
Page 43 and 44:
The facts upon which the allegation
Page 45 and 46:
APPENDIX B A STATUTORY DEFINITION O
Page 47 and 48:
whether undue influence has taken p
Page 49 and 50:
etween the testator and the influen
Page 51 and 52:
guardian/ward, physician or nurse/p
Page 53 and 54:
undue influence reduced from the ca
Page 55 and 56:
said at times that she was afraid o
Page 57 and 58:
According to Dr. Spar, the common r
Page 59 and 60:
disposition to exert undue influenc
Page 61 and 62:
her overall mental and physical wea
Page 63 and 64:
Familial relationships are frequent
Page 65 and 66:
This presumption of undue influence
Page 67 and 68:
element (4) requires a disposition
Page 69 and 70:
intentions of testator). However, w
Page 71 and 72:
APPENDIX C Literature Review on Und
Page 73 and 74:
7. How professionals exploit relati
Page 75 and 76:
that can be brought to bear in doin
Page 77 and 78:
professionals who became controvers
Page 79 and 80: • Hostage takers threaten to kill
Page 81 and 82: Walker identified four general char
Page 83 and 84: of anxiety, avoidance behavior and
Page 85 and 86: and Vicary later retracted some of
Page 87 and 88: protecting themselves against manip
Page 89 and 90: not exhibit Stockholm syndrome, law
Page 91 and 92: financial gain. Others have focused
Page 93 and 94: esult or outcome of the undue influ
Page 95 and 96: Association, 2008). Naimark (2001)
Page 97 and 98: 2. Power Differentials Undue influe
Page 99 and 100: goes back even further. Abraham Nie
Page 101 and 102: the signing of contracts, the contr
Page 103 and 104: to the accused to show that there w
Page 105 and 106: The authors note that courts tend t
Page 107 and 108: ing a claim that the church had use
Page 109 and 110: 8. An elder’s will, living will,
Page 111 and 112: covered under the prohibited transf
Page 113 and 114: ecovery of damages, attorneys’ fe
Page 115 and 116: As noted earlier in this literature
Page 117 and 118: witnesses with respect to the impor
Page 119 and 120: Donohue, W. A. (1985). The politics
Page 121 and 122: Naimark, D. (2001). Financial explo
Page 123 and 124: Rusch, J. J. (1999). The social eng
Page 125 and 126: APPENDIX D Capacity Declaration For
Page 127 and 128: CONSERVATORSHIP OF THE PERSON ESTAT
Page 129: APPENDIX E Court File Review - Deta
Page 133 and 134: Table 12. Proposed conservatee’s
Page 135 and 136: Table 16. Other traits of alleged a
Page 137 and 138: Table 21. How long has the alleged
Page 139 and 140: Table 24. Other elements/characteri
Page 141 and 142: Borchard grant file review 1. Case
Page 143 and 144: Borchard grant file review 12. Tact
Page 145 and 146: Borchard grant file review 20. Does
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?