Elder abuse is the physical, emotional, financial, sexual mistreatment or neglect of our elders. Abuse may occur at the hands of the very people entrusted with the care of an elder, such as caregivers and nursing home staff, or may be caused by family members, trusted advisors, or strangers. According to the National Center on Elder Abuse, approximately one to two million Americans aged 65 or older have been the victim of elder abuse. According to a MetLife study, financial abuse robbed elder Americans of an estimated $2.9 billion in 2010, up 12 percent from 2008.
Fortunately, on October 9, 2013, California Governor Brown signed AB 140 into law.
AB 140 gives a new definition for California's undue influence statue, which has not been changed since its enactment in 1872. The AB 140 modernization means that there is now greater protections for elders and dependent adults because the new definition of undue influence allows a court to consider:
(1) the vulnerability of the victim,
(2) the influencer's apparent authority,
(3) the use of manipulative and unfair tactics and,
(4) whether an inequitable economic consequence resulted.
Because of AB 140, California's definition of undue influence is now consistent with contemporary views of vulnerability, mental health, and fairness; AB 140 brings greater clarity to the determination of when excessive persuasion becomes exploitative.
If you have questions about a loved one's mental capacity, call the law firm of Ginzburg & Bronshteyn, LLP at (310) 914-3222 or (818) 787-1011. Our knowledgeable Los Angeles probate and trust litigation attorneys are available to help individuals throughout Southern California with all of their estate litigation needs. The skilled lawyers at Ginzburg & Bronshteyn represent clients in Hollywood, Santa Monica, Los Angeles, West Los Angeles, and Beverly Hills. To discuss your estate litigation matter with an experienced attorney, do not hesitate to contact Ginzburg & Bronshteyn online today.