Is the Person Subject to Fraud or Undue Influence?

Probate Code §1801(b) describes two types of people for whom a conservator of the estate may be appointed:
One who is “substantially unable to manage his or her own financial resources,” and
One who is “substantially unable to … resist fraud or undue influence.”
The distinction makes sense because one who is substantially able to manage his affairs may nevertheless lack the resilience to resist fraud or undue influence, or, after the fact, the stamina necessary to rectify the wrong he has suffered. As a result, when the proposed conservatee is subject to fraud or undue influence, the evidence of lack of capacity probably need not be as convincing. If the petitioner can present clear and convincing evidence of the fraud or undue influence and can show that the proposed conservatee’s mental function deficits prevent him from resisting further wrongdoing, the court should appoint a conservator to protect the proposed conservatee and, if necessary, to redress the wrong already committed.Prob C §1801.
When the proposed conservatee is subject to fraud or undue influence, the alternatives to a conservatorship are rarely sufficient to protect the conservatee. Nevertheless, the petitioner must consider each alternative and explain to the court why it will not work. Prob C §1821(a)(3).

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