06/03/1917 - 08/26/2009
California Welfare and Institutions Code Section 15610.07 defines “abuse of an elder or dependent adult” as either of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting physical harm or pain or mental suffering; or (b) the deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering
PENAL CODE SECTION 11174.4-11174.9
PENAL CODE SECTION 13820-13825
PENAL CODE SECTION 11160-11163.6
PENAL CODE SECTION 142-181
Notice to Person Accepting the Appointment as Attorney-in-Fact
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent.
These responsibilities include:
1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
2. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.
(Signature of agent)
Section 259 of the Probate Code. (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply:
(1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or fiduciary abuse of the decedent, who was an elder or dependent adult.
(2) The person is found to have acted in bad faith.
(3) The person has been found to have been reckless, oppressive, fraudulent, or malicious in the commission of any of these acts upon the decedent.
(4) The decedent, at the time those acts occurred and thereafter until the time of his or her death, has been found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence.
(b) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) if that person has been convicted of a violation of Section 236 of the Penal Code or any offense described in Section 368 of the Penal Code.
(c) Any person found liable under subdivision (a) or convicted under subdivision (b) shall not (1) receive any property, damages, or costs that are awarded to the decedent's estate in an action described in subdivision (a) or (b), whether that person's entitlement is under a will, a trust, or the laws of intestacy; or (2) serve as a fiduciary as defined in Section 39, if the instrument nominating or appointing that person was executed during the period when the decedent was substantially unable to manage his or her financial resources or resist fraud or undue influence. This section shall not apply to a decedent who, at any time following the act or acts described in paragraph (1) of subdivision (a), or the act or acts described in subdivision (b), was substantially able to manage his or her financial resources and to resist fraud or undue influence within the meaning of subdivision (b) of Section 1801 of the Probate Code and subdivision (b) of Section 39of the Civil Code.
(d) For purposes of this section, the following definitions shall apply:
(1) Physical abuse as defined in Section 15610.63 of the Welfare and Institutions Code.
(2) Neglect as defined in Section 15610.57 of the Welfare and Institutions Code.
(3) False imprisonment as defined in Section 368 of the Penal Code.
(4) Fiduciary abuse as defined in Section 15610.30 of the Welfare and Institutions Code.
(e) Nothing in this section shall be construed to prohibit the severance and transfer of an action or proceeding to a separate civil action pursuant to Section 801.
CALIFORNIA CODES PENAL CODE SECTION 118-131
CALIFORNIA CODES PENAL CODE SECTION 182
CALIFORNIA CODES PENAL CODE SECTION 211-215
CALIFORNIA CODES PENAL CODE SECTION 470-483.5
CALIFORNIA CODES PENAL CODE SECTION 503-515
CALIFORNIA CODES CIVIL CODE SECTION 1708-1725
CALIFORNIA CODES WELFARE AND INSTITUTIONS CODE SECTION 15610-15610.65
SEE ALSO: ELDER ABUSE
"A citizen's guide to preventing & reporting elder abuse"
"A lot of people believe what belongs to their parents is rightfully theirs," said Harding. This notion may lead family members to take advantage of elders strictly because they believe they are entitled to it."