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

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Table 13. Other traits of proposed conservatee Number Percent Lack of insight 22 88% Poor judgment 22 88% Acquiescence 9 36% Lonely 6 24% Hoarding/cluttering 5 20% Suffered recent loss 4 16% Experiencing a life transition 2 8% Under effects of medications 2 8% Sleep deprived 1 4% Seeks attention 0 0% Dependent personality 0 0% Other 11 44% Notes: Percentages do not sum to 100 because some proposed conservatees had multiple traits. Table 14. Single or multiple alleged abusers? Number Percent Single 10 40% Multiple 15 60% TOTAL 25 100% Table 15. Gender of alleged abuser Number Percent Male 21 48% Female 15 30% Unknown 9 23% TOTAL 40 100% Notes: Because some cases involved multiple abusers, percentages are based on the total number of abusers reported (40), not the total number of cases (25). Percentages do not sum to exactly 100 due to rounding. 133
Table 16. Other traits of alleged abuser Number Percent Substance abuse history 5 13% Criminal history 5 13% Homeless/housing issues 2 5% Mental health history 1 3% Notes: Because some cases involved multiple abusers, percentages are based on the total number of abusers reported (40), not the total number of cases (25). Percentages do not sum to 100 because some alleged abusers had none of these traits. More than one trait was possible for any given alleged abuser. Table 17. Alleged abuser’s relationship to conservatee Number Percent Friend/neighbor 11 28% Any family member 10 25% Son/daughter 4 10% Spouse/partner 1 3% Other family 5 13% Telemarketer/lottery 10 25% Caregiver/attendant 6 15% Stranger 2 5% Fiduciary 0 0% Doctor/therapist 0 0% Attorney 0 0% Bank/trust company/financial manager 0 0% Other 1 3% TOTAL 40 100% Notes: Because some cases involved multiple abusers, percentages are based on the total number of abusers reported (40), not the total number of cases (25). Percentages do not sum to exactly 100 due to rounding. 134
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UNDUE INFLUENCE: DEFINITIONS AND AP
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Claims of undue influence can be di
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probate courts. They encounter it a
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4. Focus groups with San Francisco
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More recent law is contained in Cal
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searching bibliographic databases a
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submissiveness to point that victim
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Elements of Undue Influence Describ
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Category I Category II Category III
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Category I Category II Category III
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Focus Groups To gain greater insigh
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for love, emotional attachment, or
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who would deliver the money.’’
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esidence (as opposed to, for exampl
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percent), followed by a change in a
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escinding the sale of the house. Ri
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Capacity Declaration Form The menta
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Case Examples Case Five A 75-year-o
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to undue influence and to more reli
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Project staff have been invited to
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APPENDIX A REPORTS OF CASES DECIDED
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The facts upon which the allegation
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APPENDIX B A STATUTORY DEFINITION O
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whether undue influence has taken p
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etween the testator and the influen
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guardian/ward, physician or nurse/p
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undue influence reduced from the ca
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said at times that she was afraid o
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According to Dr. Spar, the common r
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disposition to exert undue influenc
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her overall mental and physical wea
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Familial relationships are frequent
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This presumption of undue influence
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element (4) requires a disposition
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intentions of testator). However, w
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APPENDIX C Literature Review on Und
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7. How professionals exploit relati
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that can be brought to bear in doin
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professionals who became controvers
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• Hostage takers threaten to kill
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Walker identified four general char
Page 83 and 84: of anxiety, avoidance behavior and
Page 85 and 86: and Vicary later retracted some of
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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 and 130: APPENDIX E Court File Review - Deta
Page 131 and 132: Table 8. Age of proposed conservate
Page 133: Table 12. Proposed conservatee’s
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
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