§ 21366. — 21366. (Added by Stats. 2010, Ch. 620, Sec. 7.)

California § 21366.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 11.: DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS
• Part 3.7.: PART 3.7. Presumption of Fraud or Undue Influence
• Ch. 1.: CHAPTER 1. Definitions

Text

“Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following:
(a)
The person was 65 years of age or older and satisfied one or both of the following criteria:
(1)
The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.
(2)
Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had difficulty managing his or her own financial resources or resisting fraud
or undue influence.
(b)
The person was 18 years of age or older and satisfied one or both of the following criteria:
(1)
The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.
(2)
Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had substantial difficulty managing his or her own financial resources or resisting fraud or undue influence.

Legislative History

Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.