Legal Question in Elder Law in California

Undue Influence

Several years ago I was deeded onto an elders home as a gift. I made an agreement to purchase the remainder. I took out a loan with the elders full knowledge and consent. 75% of loan amount spent is accounted for. The elder just suffered from a major accident and has simptons of major dementia. Outsiders have come in that the family doesnt know and is taking over the elders life. The elder has been convinced that the family is bad. The outsiders have cleaned out the elders checking acct. but making sure the checks were made out to cash. I have started conservatorship proceedings but the elders council is making it look like the outsiders are friends and that I took advantage. The elder just goes along with them but is clearly incompasitated. The outsiders have also had the elder sign a trust naming them after the elder was diagnosed w/dementia. The outsiders are fighting my conservatorhship and it may go to a court conservator. If undue influence is made against me what do they have to prove when the elder is diagnosed w/dementia. I fear the outsiders want to quiet title with a undue influence claim and with the trust naming them they will end up with the house. No one seems to care about the outsiders. Family was aware of all


Asked on 7/10/06, 10:39 am

2 Answers from Attorneys
Todd Stevenson Stevenson Law Office

Re: Undue Influence

Lack of capacity is not enough to establish an undue influence claim. However, it does tend to show the elder was in a weakened mental and physical state and thus more susceptible to undue influence.

The standard the court will use in determining who would be the best conservator is: What is in the best interests of the elder?

If you feel that you would be the best conservator, then you need to fight for that role. It sounds like a contentious case and you should consider hiring an attorney.

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Answered on 7/10/06, 11:35 am
Terry A. Nelson Nelson & Lawless

Re: Undue Influence

You're in over your head in this litigation without experienced counsel. If the other side seeks to have the court deem your conduct improper, you face serious penalties and repayment. You need to get your evidence and witnesses together quickly. The court will have to determine competence of the elder, through medical reports and witnesses. Get an attorney asap, and follow his advice. If this is in SoCal, feel free to contact me about representation.

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Answered on 7/10/06, 2:12 pm


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