California Welfare and Institutions Code

§ 15610.70

WIC § 15610.70 Effective Jan 1, 2014Div. 9 · Part 3 · Ch. 11 · Art. 2

Statute text

(a)“Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:

(1)The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.

(2)The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.

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Legislative history

Added by Stats. 2013, Ch. 668, Sec. 3. (AB 140) Effective January 1, 2014.