In California, vulnerable individuals such as the elderly, disabled, or those suffering from mental illness are particularly susceptible to undue influence, especially when it comes to estate planning. Undue influence refers to the manipulation or coercion of someone to make decisions they wouldn’t ordinarily make, particularly regarding their will or trust. California law provides a variety of ways to help protect these individuals from being taken advantage of. Here’s what you need to know:
1. Understand Undue Influence in California
California law defines undue influence under Probate Code Section 86 as excessive persuasion that causes another person to act or refrain from acting by overcoming their free will. This undue pressure can result in creating or altering a will, trust, or other estate planning documents to benefit the person exerting the influence. Vulnerable persons, including the elderly or those with cognitive impairments, are often targeted due to their perceived inability to resist such pressure.
Some common signs of undue influence include:
The individual isolates themselves from family or friends.
There is a sudden change in estate plans that disproportionately benefits a caregiver, friend, or relative.
The vulnerable person becomes overly dependent on one individual for advice and decision-making.
2. Utilize California’s Legal Protections
California has established several legal frameworks to protect vulnerable individuals from undue influence, particularly during estate planning:
Probate Code Section 21380
Under this law, if someone who has a "fiduciary relationship" (such as a caregiver or attorney) benefits under a will or trust, there’s a presumption of undue influence. This presumption shifts the burden of proof to the beneficiary to prove that the will or trust was made without improper influence. The court can invalidate any provisions in the document that were a result of undue influence.
Elder Abuse Laws
California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) allows family members or concerned parties to seek legal remedies if they suspect elder abuse, including financial exploitation or undue influence in estate matters. Elder financial abuse is a form of undue influence, and those found guilty can face civil penalties, and, in severe cases, criminal prosecution.
Mental Capacity Requirements
In California, a person must have the mental capacity to create or amend a will or trust. Attorneys will typically assess a client's mental state to ensure they understand the nature and consequences of their actions. If someone lacks capacity, they cannot legally create or modify estate planning documents, and such documents can be contested later.
3. Practical Steps to Prevent Undue Influence
To protect vulnerable individuals from undue influence in estate planning, families, caregivers, and legal professionals should take proactive steps:
Involve Independent Legal Counsel
Ensure that the vulnerable person has independent legal counsel when drafting or amending their estate plan. This will help prevent anyone with a vested interest from unduly influencing the process. The attorney should meet with the individual privately to assess their wishes and understanding.
Create a Power of Attorney with Oversight
When establishing a durable power of attorney (POA) for finances or health care decisions, choose a trustworthy agent who understands the vulnerable person’s best interests. Additionally, consider appointing a co-agent or requiring dual signatures to add an extra layer of oversight.
Consider a Professional Fiduciary
If there are concerns about undue influence, appointing a professional fiduciary to manage the vulnerable person’s financial affairs or act as trustee can be a safer alternative to a family member or friend. Professional fiduciaries are bound by strict legal and ethical standards.
Include No-Contest Clauses
A no-contest clause in a will or trust discourages potential challengers from contesting the estate plan by threatening to disinherit them if they initiate legal challenges. While these clauses aren’t always enforceable in California, they can still deter frivolous challenges.
Record the Estate Planning Process
Another way to prevent undue influence is to document the estate planning process. This could involve video recordings of the individual affirming their wishes or keeping detailed notes of discussions between the person and their attorney. These records can later serve as evidence if the estate plan is challenged.
4. Contesting a Will or Trust Based on Undue Influence
If you suspect that a loved one’s estate plan was created or altered due to undue influence, you have the right to contest the will or trust in California Probate Court. The person contesting must present evidence of undue influence, such as:
A confidential or fiduciary relationship between the decedent and the influencer.
Evidence of control, dependency, or isolation.
Unusual or unexpected changes to the estate plan.
The court will examine the circumstances surrounding the creation of the document and may void provisions or even the entire estate plan if undue influence is proven.
Conclusion
Protecting vulnerable individuals from undue influence is crucial, particularly in estate planning. By understanding California’s legal protections and taking proactive steps, you can safeguard your loved ones from being exploited. If you suspect undue influence has occurred, consult with an attorney experienced in California probate and estate law to assess your options and take appropriate action.
For more information on California probate or how to protect your estate, contact a legal professional well-versed in estate planning and probate litigation.
Contact Us for Legal Help
If you need help with estate planning, the probate process or resolving an inheritance dispute, contact the top-rated California probate attorneys Moravec, Varga & Mooney – today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
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