California AB 140 of 2013 Expands Elder Financial Abuse Protection

Assembly Bill 140 would modernize the definition of undue influence for elder financial abuse and related probate matters, a definition that has not been revised since 1872.  As enacted in 1872, Civil Code § 1575 defined “undue influence” as using the confidence of or real or apparent authority over another, taking an unfair advantage over another person's weakness of mind, or taking a grossly oppressive and unfair advantage of another person's necessities or distress.  The new definition that AB 140 would create defines undue influence as excessive persuasion that causes an elder to act or refrain from acting and that results in ... Read More >