Cal. Codes » Welfare and Institutions Code / DIVISION 9. PUBLIC SOCIAL SERVICES / PART 3. AID AND MEDICAL ASSISTANCE / CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act / ARTICLE 2. Definitions
California Codes

Cal. Welfare and Institutions Code § 15610.70 (2026)

Definitions — Elder Abuse and Dependent Adult Civil Protection Act

✓ current as of May 2026
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(a)“Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:

(1)The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.

(2)The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.

(3)The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following:

(A)Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep.

(B)Use of affection, intimidation, or coercion.

(C)Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.

(4)The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.

(b)Evidence of an inequitable result, without more, is not sufficient to prove undue influence.

Notes of Decisions
Cited in 10 cases (6 in the last 5 years), 2015–2026 · leading case: Marriage of Rosciszewski CA4/1 (Cal. Ct. App. 2020).
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Marriage of Rosciszewski CA4/1 (Cal. Ct. App. 2020). · cites it 7× “First, the Legislature has not expressly provided that Welfare and Institutions Code section 15610.”
Lee v. An CA2/8 (Cal. Ct. App. 2022). · cites it 3× “Moreover, An fails to provide any cogent argument or authority—whether under the common law, Civil Code section 1575, Welfare and Institutions Code section 15610.”
Gonzales v. Armijo CA4/1 (Cal. Ct. App. 2026). · cites it 2× “The Probate Court Considered Each of the Applicable Elements Under Welfare and Institutions Code Section 15610.”
Est. of Shartsis CA4/1 (Cal. Ct. App. 2016). “70 of the Welfare and Institutions Code" but that "[i]t is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.”
Levin v. Winston-Levin (Cal. Ct. App. 2019). “by undue influence, as defined in [Welfare and Institutions Code] Section 15610.”
Est. of Neth CA1/4 (Cal. Ct. App. 2021). “11Both parties argued below that, in addition to the common law, Welfare and Institutions Code section 15610.”
Peccia v. Guerrero CA2/3 (Cal. Ct. App. 2023). “In 2017, petitioners filed the operative second amended petition asking the court to: (1) invalidate the Trust amendment 3 for lack of capacity, Probate Code sections 810–812;3 (2) invalidate the Trust amendment because of undue influence, section 86, Welfare and Institutions…”
Est. of Dellarsina CA4/1 (Cal. Ct. App. 2024). “The court applied Welfare and Institutions Code section 15610.”
Sands v. Midland Nat'l Life Ins. Co. (N.D. Cal. 2024). “Code § 86 (adopting the meaning of “undue influence” from 8 Welfare and Institutions Code section 15610.”
Est. of Shapiro CA4/3 (Cal. Ct. App. 2015). “The judge thought this deposition 8 Welfare and Institutions Code section 15610.”
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