Financial abuse of the elderly usually occurs when a parental figure, relative or companion receives property (real or individual) that used to be in the elderly. The manner in which these properties were frequently acquired includes excessive influence. Contact Valerie F. Horn & Associates to hire a Los Angeles financial elder abuse lawyer to help in your case.
“Excessive impact” has been marked by a variety of resolutions and case law and to some extent varies between states. In California, for example, inappropriate effects are generally exploited in two situations: (1) conclusion of an agreement or motion; and (2) use of certain precedent-based assumptions (see: Elder Law Litigation: Financial Abuse Claims, Bar Education / 2005 ).
Section 1575 of the California Civil Code shows the inappropriate effect in contract and transportation cases:
“The use of such certainty or specialist by one in which certainty rests upon another, or who holds a real or clear expert on that person in order to gain an advantage over the person concerned;
Take a favorable position from the fragile perspective of another; or
To take a terribly strict and out-of-line position towards the needs or difficulties of another. ”
The Precedent Law and Civil Code, Section 1575, examines assumptions of excessive effects that essentially exist when a guardian or a secret relationship between an elder and the alleged perpetrator occurs. Inappropriate effects occur if the offender participates in an inappropriate benefit or disproportionate preference towards the elders.
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