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**Elder Undue Influence**
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# ELK GROVE ELDER ABUSE UNDUE INFLUENCE ATTORNEYS
## Undue Influence Attorneys in California
### Defining and Detecting Undue Influence
**What Is Undue Influence?**
Influence is defined as the capacity to have an effect on the character, development, or behavior of someone or something. We influence each other every day by the things we say and do. Often this influence is intentional, as we try to persuade friends or family members to do or not do something. There is nothing inherently wrong with expressing opinions or trying to persuade someone, even if the person we’re addressing is frail, elderly, or has dementia, and even if we’re giving opinions about the vulnerable person’s relatives or friends. However, where such influence amounts to action that overcomes the other party’s will, the influence is deemed “undue” and is illegal and punishable by significant legal penalties. It is vital to understand the difference between the permitted sharing of opinions and undue influence.
Traditionally it has been assumed that there is an intrinsic link between mental capacity and undue influence. However, even an opinionated or otherwise strong individual can be subject to undue influence. Soundness of mind and body does not imply immunity from undue influence. (Estate of Olson (1912) 19 Cal.App. 379, 386.) However, frail health and mental weakness are certainly factors that reduce the threshold of a finding of undue influence. While undue influence often is achieved by false affection, dependency on the influencer, and misplaced trust, it can also take a more sinister turn in the form of threats, mistreatment, and withholding affection or care.
**When Does Influence Become Undue Influence?**
Undue Influence is defined as “excessive persuasion that overcomes a person’s free will,” “taking advantage of mental weakness,” and “pressure brought to bear on the testamentary act, sufficient to overcome the testator’s free will, amounting in effect to coercion destroying the testator’s fee agency.” Where a testator was unduly influenced into signing a Will or trust, that document is deemed invalid due to the fact that the testator’s free will was overcome by another person’s influence. Undue influence typically arises when someone uses a position of trust for their own benefit.
When a person is frail, ill, or confused, they may become dependent on a caregiver or a trusted advisor. This person can gain exert a particularly strong influence. An unscrupulous person may use that influence for his own benefit. The elder may be persuaded to give the influencer their car, joint title to their home, or signing power on a bank account. The influencer may take the elder to an attorney to get a new Will or trust drafted with the influencer as beneficiary.
**I Think My Parents Were Unduly Influenced to Change Their Will. What Should I Do?**
It’s not easy to convince a court that undue influence was at work. In most cases, the family won’t find out the will was changed until the testator (the person who wrote the will) is deceased. At that point, the testator can’t be asked why they changed their will. Every person has the right to give their possessions to anyone they want. However, if your parents made a sudden change in beneficiaries with no explanation, the court will be suspicious. The bigger the change, the more suspicious it looks, particularly if the changed Will gives all or the bulk of the testator’s estate to a new beneficiary who was not part of the original Will.
If you can point to a pattern of a caregiver or someone else isolating the person, refusing to allow family to visit or call, the court is more likely to agree there was undue influence.
If you suspect undue influence, you should consult with an attorney. Our office would be happy to discuss whether the facts appear to support a charge of undue influence that a court would act on.
Legal Presumption of Undue Influence There is a presumption of undue influence under Probate Code section 21380 where a distribution in a Will or trust is made to the following people:
1. The person who drafted the document;
2. The person who transcribed or caused the document to be transcribed AND was in a fiduciary relationship with the testator
3. “Care custodian” of a “dependent adult” as defined by Probate Code section 21360
4. Care custodian who commences marriage or cohabitates with a dependent adult testator while giving care or within 90 days of giving care, if the Will or trust was executed less than 6 months after marriage or cohabitation
5. Certain people related to the above categories of people
If you suspect that a parent or other person is being unduly influenced, you need to speak with a lawyer who knows both estate planning and litigation. Contesting a Will or trust is different from typical litigation, so it is important to get someone who knows how to litigate undue influence claims. Here at Huber Fox, PC. we focus on estate planning and associated litigation, including undue influence, financial elder abuse, return of property to trusts, and other similar matters. We can answer your questions, bring clarity to your situation, and guide you as you determine how to move forward.
**Our attorneys can assist you in dealing with probate, trust, and estate law concerns.**  **today to request a consultation**
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**Financial Elder Abuse**
# Elk Grove Financial Elder Abuse Attorneys
## California Elder Abuse Attorneys
Seniors are often a vulnerable segment of the population because they frequently have health issues, are unfamiliar with technology and tend to be more trusting. All of these characteristics can make them more prone to becoming the victim of a scam. While many people worry about physical abuse, financial elder abuse is a prominent problem.
This type of abuse can have devastating effects. Often when it happens, an older person suffers from embarrassment and doesn’t want to tell anyone about it. That only allows the abuse to continue.
If you have a loved one who you fear is a victim, or if you have become a victim of financial elder abuse, then you need an attorney who is passionate about protecting seniors. At Huber Fox, P.C., we give your case the attention it deserves to seek the right outcome to help you move past this situation.
### Defining Financial Elder Abuse
Financial elder abuse in California is the theft of money or property from an elder. It occurs through deceptive means, and usually, it is a crime committed by someone the person trusts, such as a:
* Family member
* Caregiver
* Professional
* Neighbor
* Friend
However, strangers can also prey on elderly targets and abuse them in this way through scams or schemes.
When such abuse occurs, it often leaves the person unable to take care of his or her financial needs. It often is difficult to take down a scammer, but with an Elk Grove elder abuse lawyer who is well-versed in such deceit, you can more easily prove your case and hold the thief responsible.
### Preying on the Elderly
The older generation is often not as familiar with technology, which opens the door to scams. They may let others handle their financial business because they don’t know how to use mobile banking apps or websites. This makes it incredibly easy for an unscrupulous person to take advantage of them.
However, even technical savvy seniors can still fall prey. Some of the schemes are incredibly sophisticated. Many elders are also lonely, so when strangers pay them attention, they are more likely to befriend them or accept their companionship, even if that person has underlying motives.
The elderly also are at a disadvantage because they may be frail or have declining mental capabilities. They may get confused easily or be forgetful and chalk up oddities in their finances to those issues. They are also often dependent on others to help them and may have to rely on strangers, such as caregivers.
Seniors might also make a great target because they generally tend to have more wealth than younger people. They also typically have predictable patterns of behavior, which can make running a scam much easier.
When a scam occurs, it can involve undue influence or tricks. A person may use an elder to get what they want and take advantage of the situation. Common methods for financial elder abuse schemes include:
* Telemarketing scams
* Stealing items
* Manipulation
* Mismanagement of assets
* Investment schemes
* Identity theft
### Recognizing Financial Abuse
The only way to stop financial elder abuse is to discover it is happening. Some people are very good at hiding what they are doing. They may only steal a little at a time or be quite adept at covering their tracks. Depending on the situation, you can look out for various signs.
If your older loved one suddenly has a new friend or romantic interest, you may want to watch out for indications that the relationship may not be what it seems. Watch for the other person to:
* Act with unnecessary urgency in financial situations
* Push away other people close to the victim
* Isolate the victim
* Talk about financial needs often
* Have a sob story
* Provide “too good to be true” opportunities
* Be too eager to gain trust
* Act too close too soon
* Use words of love early on in the relationship
* Be secretive about him or herself
You also want to keep an eye out for other signs that may indicate someone is taking advantage:
* Missing money or items
* Unusual credit card activity
* Unpaid bills
* Lack of bills or notices
* Lack of proper physical care
Finally, if your loved one knows he or she is a victim of a scam, he or she may have an abrupt change in attitude. Elders in this situation may try to prevent you from seeing financial records or having access to bills in an effort to hide what happened.
If you notice any of these signs, do not hesitate to speak up. The embarrassment of falling for a scheme is not as bad as the damage that could continue to happen if it is left to continue. Let your loved ones know this and make them aware that they are not at fault. Assure your older friend or family member that you have an Elk Grove elder abuse lawyer who is ready to fight on his or her behalf.
### Protecting Against Fraud
Ideally, you or your loved one would never have to face any situation of financial abuse. There are some ways to prevent it from happening:
* Don’t sign blank checks
* Don’t give anyone access to your bank accounts
* Check financial statements regularly
* Don’t give in to pressure and tell someone if someone is pressuring you
* Don’t leave valuables where just anyone can see them
* Learn about common scams
* Do not give out personal information over the phone