UNDUE INFLUENCE AND ELDER ABUSE

Conservator son filed Probate Code 850 petition and for quiet title of real property. Son claims that his mother was unduly influenced to quit claim her residence to an unrelated person who befriended her and whom she met at a gym. The property was being listed for sale. Son filed a lis pendens on the property to stop the sale. Son asserted the presumptions of undue influence under the Probate Code Section 21380 and asserted the Welfare and Institution’s Code 15610.70 definition factors of undue influence. Mother’s friend claimed that son was estranged from his mother and that mother transferred the property to her on a promise that she would take care of the mother.

Temporary conservator filed a Probate Code 850 petition against a caretaker who married the conservatee in his 90s. There was a 40 year difference in age. Caretaker met the elderly man and married within six months. Respondent took over $900,000 in savings and refused to turn over the money to the elderly man. Former caretaker asserted that they were in love. Temporary conservator alleged additional legal theories of monetary recovery under the Welfare and Institutions and Civil Code for Financial Elder Abuse.