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

Case Examples
Case Five
A 75-year-old man who was alert and oriented fell victim to both telemarketers and
bogus sweepstakes companies. He was a retired accountant who had been employed in a large
accounting firm. He had been widowed for two years. He was convinced that “winning” was
just around the corner. His house was in foreclosure and his credit card debt was $22,000. Both
his homeowner’s insurance and property tax payments were in arrears. He acknowledged that
he had the funds to pay the bills, but considered that the money he was spending on the scams
would result in winnings of $1,000,000. He said, “It is an investment just like the stock market.”
He also said, “They are so nice when they call. They tell me that I deserve to win this money,
that I’ve deserved it all my life and now I can have it.” He was indifferent to the fact that he had
spent $129,000 in nine months. He said, “Well, it just keeps going up, doesn’t it?” He was
opposed to the conservatorship and firm in his denial of being defrauded, despite warnings from
the police, Adult Protective Services, and close friends.
Recommendations for Community Practitioners
In past decades, probate courts did not have investigators or visitors to inform them about
the situations of proposed conservatees. Community practitioners were not much involved with
petitions for conservatorships and had little contact with the probate courts. But these
circumstances are changing around the country and probate courts are receiving more
information either from their own staff or from community practitioners who want and need to
know how to be effective in the legal arena so as to benefit the citizens they serve.
Community practitioners would benefit from scales or instruments that measure the
following factors:
• Judgment and insight (88 percent of the cases in the file review reported deficits in these
areas among proposed conservatees);
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