“Plaintiff claims that Defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him/name of decedent. To establish this claim, Plaintiff must prove that all of the following are more likely to be true than not true: 1. That Defendant took/hid/appropriated/obtained/retained] Plaintiff/Decedent’s property or assisted in taking/hiding/appropriating/obtaining/retaining Plaintiff/Decedent’s property; 2. That Plaintiff/Decedent was 65 years of age or older/a dependent adult at the time of the conduct; 3. That Defendant took/hid/appropriated/obtained retained or assisted in taking/hiding/appropriating/obtaining/retaining the property for a wrongful use/with the intent to defraud/by undue influence]; 4. That Plaintiff/Decedent was harmed; and 5. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm. [One way Plaintiff can prove that Defendant took/hid/appropriated/obtained/retained the property for a wrongful use is by proving that Defendant knew or should have known that her conduct was likely to be harmful to Plaintiff/Decedent.] [Defendant took/hid/appropriated/obtained/retained]the property if Plaintiff/Decedent was deprived of the property by an agreement, gift, will, trust, or other testamentary instrument regardless of whether the property was held by Plaintiff/Decedent or by his representative.”
[CACI Jury Instructions [citations omitted]]
