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

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Table 18. Relationship dynamics AA financially dependent on proposed conservatee Number Percent 6 15% Romantic relationship 5 13% AA dependent on proposed conservatee in other ways 1 3% Sexual relationship 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 cases involved none of these dynamics. More than one dynamic was possible in any given relationship. Table 19. Type(s) of abuse/neglect alleged in petition or court investigator’s report Number Percent Financial abuse 24 96% Neglect 10 40% Psychological abuse 5 20% Isolation 4 16% Physical abuse 1 4% Sexual abuse 1 4% Self-Neglect 1 4% Ab<strong>and</strong>onment 1 4% Multiple types of abuse/neglect 12 48% Note: Percentages do not sum to 100 because some cases involved multiple types of abuse. Table 20. Does the proposed conservatee acknowledge the abuse? Number Percent Yes 3 12% No 19 76% Unable to determine 3 12% TOTAL 25 100% 135
Table 21. How long has the alleged abuse been going on? Number Percent Less than 1 year 3 12% 1 to 2 years 4 16% 2 to 5 years 5 20% More than 5 years 5 20% Unable to determine 8 32% TOTAL 25 100% Table 22. Type(s) of material/financial impact experience by proposed conservatee Number Percent Loss of cash/savings 21 84% Loss of real property 8 32% Change in will or trust 5 20% Unauthorized loans 5 20% Unauthorized purchases 2 8% Other 5 20% Unable to determine 1 4% Notes: Percentages do not sum to 100 because some cases involved more than one type of impact. Attempts that fell short of an actual loss are included in the counts. 136
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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
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of anxiety, avoidance behavior and
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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
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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 and 134: Table 12. Proposed conservatee’s
Page 135: Table 16. Other traits of alleged a
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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