Amended in Senate April 21, 2014

Amended in Senate April 2, 2014

Senate Bill No. 1302

Introduced by Senator Wyland

February 21, 2014

An act to begin delete add Section 15657.4 to the Welfare and Institutions Code, end delete begin insert amend Section 259 of the Probate Code, end insert relating to elder abuse.

LEGISLATIVE COUNSEL’S DIGEST

SB 1302, as amended, Wyland. Elder begin delete financial end delete abuse.

begin insert

Existing law imposes restrictions upon a person’s or beneficiary’s entitlement to the estate of a decedent who was an elder or dependent adult if the person or beneficiary has committed certain acts against the decedent, including, but not limited to, physical abuse, neglect, or financial abuse.

end insert begin insert

This bill would recast those provisions to instead provide that a person shall be deemed to have predeceased a decedent if he or she is liable for physical abuse, neglect, or financial abuse of the decedent pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, or if that person has been convicted of a violation of provisions prohibiting willfully causing or permitting any elder or dependent adult to suffer, or inflicting thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured, or willfully causing or permitting the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified, in which the decedent was the victim. The bill would provide that any person who is deemed to have predeceased the decedent shall not receive any property, damages, or costs that are awarded to the decedent’s estate whether that person’s entitlement is under a will, a trust, or the laws of intestacy, nor serve as a fiduciary on behalf of the decedent’s estate or trust.

end insert begin delete

The Elder Abuse and Dependent Adult Civil Protection Act authorizes compensatory damages and other relief for an elder or dependent adult who suffers financial abuse. The act defines financial abuse as, among other actions, taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

end delete begin delete

This bill would require a court to notify the district attorney in the relevant jurisdiction of a civil judgment or settlement based on a violation of any state elder financial abuse law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 259 of the end insert begin insert Probate Code end insert begin insert is amended to
read: end insert

259.  

(a) Any person shall be deemed to have predeceased a
decedent to the extent provided in subdivision begin delete (c) where end delete begin insert (b) if end insert all
of the following apply:

begin delete

(1) It has been proven by clear and convincing evidence that
the person is liable for physical abuse, neglect, or financial abuse
of the decedent, who was an elder or dependent adult.

(2) The person is found to have acted in bad faith.

(3) The person has been found to have been reckless, oppressive,
fraudulent, or malicious in the commission of any of these acts
upon the decedent.

(4) The decedent, at the time those acts occurred and thereafter
until the time of his or her death, has been found to have been
substantially unable to manage his or her financial resources or to
resist fraud or undue influence.

end delete begin insert

(1) The person is liable for physical abuse, neglect, or financial
abuse of the decedent pursuant to the Elder Abuse and Dependent
Adult Civil Protection Act (Chapter 11 (commencing with Section
15600) of Part 3 of Division 9 of the Welfare and Institutions
Code).

end insert begin insert

(2) The person has been convicted of a violation of Section 368
of the Penal Code in which the decedent was the victim.

end insert

(b) Any person begin delete shall be end delete deemed to have predeceased a decedent
to the extent provided in subdivision begin delete if that person has been
convicted of a violation of Section 236 of the Penal Code or any
offense described in Section 368 of the Penal Code. end delete begin insert (a) shall not
do either of the following: end insert

begin delete

(c) Any person found liable under subdivision (a) or convicted
under subdivision (b) shall not (1) receive

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begin insert (1) end insert   begin insert Receive end insert any property, damages, or costs that are awarded
to the decedent’s estate begin delete in an action described in subdivision (a)
or (b), end delete whether that person’s entitlement is under a will, a trust, or
the laws of begin delete intestacy; or (2)serve as a fiduciary as defined in
Section 39, if the instrument nominating or appointing that person
was executed during the period when the decedent was
substantially unable to manage his or her financial resources or
resist fraud or undue influence. This section shall not apply to a
decedent who, at any time following the act or acts described in
paragraph (1) of subdivision (a), or the act or acts described in
subdivision (b), was substantially able to manage his or her
financial resources and to resist fraud or undue influence within
the meaning of subdivision (b) of Section 1801 of the Probate
Code and subdivision (b) of Section 39 of the Civil Code. end delete begin insert intestacy. end insert

begin insert

(2) Serve as a fiduciary on behalf of the decedent’s estate or
trust.

end insert begin delete

(d)

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begin insert (c) end insert  For purposes of this section, the following definitions shall
apply:

(1) “Physical abuse” begin insert has the same meaning end insert as defined in Section
15610.63 of the Welfare and Institutions Code.

(2) “Neglect” begin insert has the same meaning end insert as defined in Section
15610.57 of the Welfare and Institutions Code.

begin delete

(3) “False imprisonment” as defined in Section 368 of the Penal
Code.

end delete begin delete

(4)

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begin insert (3) end insert  “Financial abuse” begin insert has the same meaning end insert as defined in
Section 15610.30 of the Welfare and Institutions Code.

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(e)

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begin insert (d) end insert  Nothing in this section shall be construed to prohibit the
severance and transfer of an action or proceeding to a separate
civil action pursuant to Section 801.

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SECTION 1.  

Section 15657.4 is added to the Welfare and
Institutions Code, to read:

15657.4.  

The court shall notify the district attorney of the
relevant jurisdiction of a civil judgment or settlement based on a
violation of any state elder financial abuse law.

end delete