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Undue Influence: Definitions and Applications

Show simple item record Quinn, Mary Joy Goldman, Eileen Nerenberg, Lisa Piazza, Deana 2019-07-23T19:30:52Z 2019-07-23T19:30:52Z 2010
dc.identifier.citation Quinn, Mary Joy; Goldman, Eileen; Nerenberg, Lisa; Piazza, Deana. (2010). Undue Influence: Definitions and Applications. Borchard Foundation Center on Law and Aging. 146 pgs. en_US
dc.description Report en_US
dc.description.abstract The project addressed the need for a definition of undue influence in the Probate Code that can be referred to by probate courts, Adult Protective Service personnel, Public Guardian personnel, and other community agencies in California to determine when proposed conservatees are unable to resist undue influence. An anticipated outcome was a checklist or assessment measures that would establish benchmarks or a rating system for determining whether undue influence had occurred or was likely to occur in the immediate future....Such measures would increase the likelihood that petitions for conservatorship in which undue influence is alleged are appropriate and identify cases of undue influence that may otherwise have been missed. Providing courts with such a statute in the Probate Code could potentially reduce the need for costly and protracted legal proceedings, which take place now in order to establish if undue influence has occurred in conservatorship petitions or will contests. Were undue influence to be defined in the Probate Code, specifically in the conservatorship section, consistency in the handling of cases would be further enhanced. The one-year project used both quantitative and qualitative approaches. Primary activities included: 1. A review of California state law related to undue influence; 2. A review of 50 states’ legislation to determine whether their probate codes contained a definition of undue influence; 3. A review of the social service and psychological literature on undue influence; 4. Focus groups with San Francisco Adult Protective Services social workers, staff from San Francisco Public Guardian, and private attorneys with expertise in probate law; and 5. A file review of 25 cases in San Francisco Superior Court selected because probate court investigators or researchers had determined that there were elements of undue influence in the case, as well as a related set of case studies. [CVRL Note: the literature review, pages 9-20, and focus groups, pages 21-24, are likely most relevant for victim services and APS. The literature review is also available as a stand alone document, "Undue Influence: A Review of the Literature Review."] (Author Text) en_US
dc.language.iso en_US en_US
dc.publisher Borchard Foundation Center on Law and Aging en_US
dc.subject Research en_US
dc.subject Focus Group en_US
dc.subject Legislation en_US
dc.subject Legislation Analysis en_US
dc.subject Elder en_US
dc.subject Senior en_US
dc.subject Older Adult en_US
dc.subject Impairment en_US
dc.subject Social Worker en_US
dc.subject Practitioner en_US
dc.subject Courts en_US
dc.subject Adult Protective Services en_US
dc.subject Elderly Support Services en_US
dc.subject Legal Aid en_US
dc.subject Elder Abuse en_US
dc.subject Elder Neglect en_US
dc.subject Elder Mistreatment en_US
dc.subject Financial Abuse en_US
dc.subject Financial Impact en_US
dc.subject Barriers to Service en_US
dc.subject Fraud en_US
dc.subject Abuse in Later Life en_US
dc.subject Guardianship en_US
dc.subject Exploitation en_US
dc.subject Coercion en_US
dc.subject Coercive Control en_US
dc.subject Manipulation en_US
dc.subject Financial Exploitation en_US
dc.subject Mental Illness en_US
dc.subject Vulnerable Populations en_US
dc.subject Risk Factors en_US
dc.subject Conservatorship en_US
dc.subject Incapacitated en_US
dc.subject Probate en_US
dc.subject Mental Disorders en_US
dc.title Undue Influence: Definitions and Applications en_US
dc.type Other en_US

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