Elder Abuse

What is the Law in California for Financial Elder Abuse - California Civil Jury Instruction CACI 3100

California Law

CA Civil Jury Instructions

CACI 3100 - Financial Elder Abuse

As of September 1, 2010

California Civil Jury Instruction CACI 3100

[Name of plaintiff] claims that [[name of individual defendant]/ [and]

[name of employer defendant]] violated the Elder Abuse and

Dependent Adult Civil Protection Act by taking financial

advantage of [him/her/[name of decedent]]. To establish this claim,

[name of plaintiff] must prove that all of the following are more

likely to be true than not true:

1. That [[name of individual defendant]/[name of employer

defendant]’s employee] [insert one of the following:]

retaining] [name of plaintiff/decedent]’s property;]

2. That [name of plaintiff/decedent] was [65 years of age or

older/a dependent adult] at the time of the conduct;

3. That [[name of individual defendant]/[name of employer

defendant]’s employee] [[took/hid/appropriated/obtained [or]

retained]/assisted in [taking/hiding/appropriating/obtaining/

[or] retaining]] the property [for a wrongful use/ [or] with

the intent to defraud/ [or] by undue influence];

4. That [name of plaintiff/decedent] was harmed; and

5. That [[name of individual defendant]’s/[name of employer

defendant]’s employee’s] conduct was a substantial factor in

causing [name of plaintiff]’s harm.

[One way [name of plaintiff] can prove that [[name of individual

defendant]/[name of employer defendant]’s employee]

[took/hid/appropriated/obtained/ [or] retained] the property for a

wrongful use is by proving that [[name of individual

defendant]/[name of employer defendant]’s employee] knew or should

have known that [his/her] conduct was likely to be harmful to

[name of plaintiff/decedent].

[[[Name of individual defendant]/[Name of employer defendant]’s

employee] [took/hid/appropriated/obtained/ [or] retained] the

property if [name of plaintiff/decedent] was deprived of the property

by an agreement, gift, will, [or] trust[, or] [specify other

testamentary instrument] regardless of whether the property was

held by [name of plaintiff/decedent] or by [his/her] representative.]

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