Financial Abuse of Dependent Adults | How is the Jury Instructed?

[Name of plaintiff] claims that [name of 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 all of the following are more likely to be true than not true:

1. That [name of defendant] [insert one of the following:]

[[took/hid/appropriated/retained] [name of plaintiff/ decedent]’s property;]

[[assisted in [taking/hiding/appropriating/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 defendant] [[took/hid/appropriated/retained]/ assisted in [taking/hiding/appropriating/retaining]] the property [for a wrongful use/[or] with the intent to defraud];

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

5. That [name of defendant]’s conduct was a substantial factor in causing [name of plaintiff]’s harm.

[One way [name of plaintiff] can prove that [name of defendant] [[took/hid/appropriated/retained]/assisted in [taking/hiding/ appropriating/retaining]] the property for a wrongful use is by proving both of the following:

1. That [name of plaintiff/decedent] had the right to have the property [transferred/made readily available] to [him/her/ [[his/her] [conservator/trustee/representative/attorney-in-fact]]; and

2. That [name of defendant] knew or should have known that [name of plaintiff/decedent] had this right.

[Name of defendant] should have known that [name of plaintiff/ decedent] had this right if, on the basis of information received by [[name of defendant]/[name of defendant]’s authorized third arty], it would have been obvious to a reasonable person that [name of plaintiff/decedent] had the right to have the property [transferred/made readily available] to [him/her/[[his/her] [conservator/trustee/representative/attorney-in-fact]].