Bill Text: CA SB1302 | 2013-2014 | Regular Session | Amended

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Bill Title: Elder abuse.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2014-04-30 - Set, first hearing. Hearing canceled at the request of author. [SB1302 Detail]

Download: California-2013-SB1302-Amended.html

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BILL NUMBER: SB 1302	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2014
	AMENDED IN SENATE  APRIL 21, 2014
	AMENDED IN SENATE  APRIL 2, 2014

INTRODUCED BY   Senator Wyland

                        FEBRUARY 21, 2014

   An act to amend Section 259 of the Probate Code, relating to elder
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1302, as amended, Wyland. Elder abuse.
   Existing law imposes restrictions upon a person's or beneficiary's
entitlement to the estate of a decedent who was an elder or
dependent adult if the person or beneficiary has committed certain
acts against the decedent, including, but not limited to, physical
abuse, neglect, or financial abuse.
   This bill would recast those provisions to instead provide that a
person shall be deemed to have predeceased a decedent if he or she is
liable for physical abuse, neglect, or financial abuse of the
decedent pursuant to the Elder Abuse and Dependent Adult Civil
Protection Act, or if that person has been convicted of a violation
of provisions prohibiting willfully causing or permitting any elder
or dependent adult to suffer, or inflicting thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any elder or dependent adult, willfully causing or permitting the
person or health of the elder or dependent adult to be injured, or
willfully causing or permitting the elder or dependent adult to be
placed in a situation in which his or her person or health is
endangered, as specified, in which the decedent was the victim. The
bill would provide that any person who is deemed to have predeceased
the decedent shall not receive any property, damages,  or
costs   costs, or restitution  that are awarded to
the decedent's estate whether that person's entitlement is under a
will, a trust, or the laws of intestacy, nor serve as a fiduciary on
behalf of the decedent's estate or trust.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 259 of the Probate Code is amended to read:
   259.  (a) Any person shall be deemed to have predeceased a
decedent to the extent provided in subdivision (b) if  all
  either  of the following apply:
   (1) The person is liable for physical abuse, neglect, or financial
abuse of the decedent pursuant to the Elder Abuse and Dependent
Adult Civil Protection Act (Chapter 11 (commencing with Section
15600) of Part 3 of Division 9 of the Welfare and Institutions Code).

   (2) The person has been convicted of a violation of Section 368 of
the Penal Code in which the decedent was the victim.
   (b) Any person deemed to have predeceased a decedent to the extent
provided in subdivision (a) shall not do either of the following:
   (1) Receive any property, damages,  or costs 
 costs, or restitution  that are awarded to the decedent's
estate whether that person's entitlement is under a will, a trust, or
the laws of intestacy.
   (2) Serve as a fiduciary on behalf of the decedent's estate or
trust.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Physical abuse" has the same meaning as defined in Section
15610.63 of the Welfare and Institutions Code.
   (2) "Neglect" has the same meaning as defined in Section 15610.57
of the Welfare and Institutions Code.
   (3) "Financial abuse" has the same meaning as defined in Section
15610.30 of the Welfare and Institutions Code.
   (d) Nothing in this section shall be construed to prohibit the
severance and transfer of an action or proceeding to a separate civil
action pursuant to Section 801.