California Probate Code 21366 – “Dependent adult” means a person who, at the time of executing the …
“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:
Terms Used In California Probate Code 21366
- Fraud: Intentional deception resulting in injury to another.
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
(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.
(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)