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In the 1980s and 1990s, the California Legislature passed laws to protect elders from financial predators. Recognizing that elders constitute a significant and identifiable segment of the population more subject to risk of abuse, the Legislature passed the Elder Abuse and Dependent Adult Civil Protection Act in 1982. A decade later, the first prohibited transferee statute was passed, invalidating testamentary transfers to caregivers and estate plan drafters under most circumstances. These statutes operate as deterrents to the greedy. Although it may be difficult for a loved one to gain legal standing to protect an elder under these statutes, at least the avenues exist.
1 Participatory MCLE Credits
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