Subject

Subject:	Legislative History of EADACPA
Last revised:	April 9, 2009

Chapter Law History

The following shows the complete Chapter Law history of EADACPA.

Stats.1982, c. 1184, § 3

Stats.1985, c. 1120, § 4, 7

Stats.1985, c. 1164, § 1, 3

Stats.1986, c. 769, § 3, 6

Stats.1987, c. 1396, § 1

Stats.1990, c. 435, § 1

Stats.1991, c. 197, § 1

Stats.1991, c. 774, § 2, 3

Stats.1994, c. 594, § 1, 3

Stats.1997, c. 663, § 3

Stats.1997, c. 724, § 37, 38

Stats.1998, c. 946, § 2, 5

Stats.2000, c. 442, § 5

Stats.2000, c. 813, § 2

Stats.2002, c. 664, § 237.5

Stats.2004, c. 183, § 390

Stats.2004, c. 886, § 3, 4

Stats.2005, c. 140, § 4

Stats.2007, c. 45, § 1

Stats.2007, c. 48, § 1

Stats.2008, c.475, § 1-5

Chronology of Significant Changes in EADACPA Legislation Affecting Financial Abuse

1982	Stats.1982, c.1184. Original enactment of the Abuse of the Elderly and Other Dependent Adults Act. Required the gathering of data on the suspected incidents of abuse through mandatory reporting to government social services agencies; it only covered physical and psychological abuse and neglect and did not address the economic exploitation of elders.
1985	Amended by Stats.1985, c.1120. In a section defining terms, the amendment coined the term “fiduciary abuse.” Fiduciary abuse applied to “any person who has the care or custody of, or who stands in a position of trust to, a dependant adult,” and a dependent adult was defined as any adult with physical or mental limitations. Fiduciary abuse occurred when such a person “takes, secretes, or appropriates [the dependent adult’s] money or property.” Incidents of fiduciary abuse were then included in those required to be reported; no civil remedies or private causes of action were authorized. (W & I Code § 15610.)
1986	Amended by Stats.1986, c.769. Revised the definition of fiduciary abuse by expanding it from exploiting a “dependent adult” to exploiting an “elder or dependent adult.” (W & I Code § 15610.)
1991	Amended by Stats.1991, c.774. The Act was substantially revised and renamed the Elder And Dependent Adult Civil Protection Act (EADACPA). It added a new Article 8.5 providing for civil remedies, which authorized the recovery of attorney’s fees where a plaintiff proved – by clear and convincing evidence – the existence of physical abuse, neglect, or fiduciary abuse and also proved recklessness, oppression, fraud, or malice.
1994	Amended by Stats.1994, c. 594. Renumbered the definition of fiduciary abuse by moving it from 15610(f) to 15610.30.
1998	Amended by Stats.1998, c.946. Changed the term “fiduciary abuse” to “financial abuse” and expanded its definition from fiduciaries to any “person, including, but not limited to, one who has the care or custody of, or who stands in a position of trust to [the elder]” who “takes, secretes, or appropriates their money or property, to any wrongful use, or with the intent to defraud.” (W & I Code § 15610.30.)
2000	Amended by Stats.2000, c.442. Changed the definition of financial abuse by applying it to any “person or entity,” thus deleting the “care or custody, or who stands in a position of trust” phrase. Added “or both” phrase after “to a wrongful use or intent to defraud.” (W & I Code § 15610.30.)
2004	Amended by Stats.2004, c.886. Separated the remedy for financial abuse from that for physical abuse or neglect by adding 15657.5, which lowered the standard of proof from clear and convincing evidence to a preponderance and eliminated the requirement of proving recklessness, oppression, fraud, or malice.
2005	Amended by Stats.2005, c. 140. Requires various financial institutions to report suspected incidents of elder financial abuse by adding 15630.1.
2007	Amended by Stats.2007, c. 45. Extends the provisional remedy of attachment to any action for financial abuse by adding 15657.01.
2007	Amended by Stats.2007, c. 48. Creates standing for heirs, successors in interest, and interested persons where the elder has died and no personal representative exists or where the personal representative refuses to proceed by adding 15657.3.
2008	Amended by Stats.2008, c. 475. Substantially revised the definition of financial abuse by: adding the word "obtains" to the description of prohibited conduct; adding taking property by undue influence as a basis; and revising the meaning of "wrongful use" to mean, among other things, the taking of property where the person knew or should have known that it would be harmful to the elder. Substantially revised the remedies available for financial abuse by: clarifying that compensatory damages are recoverable; and providing for vicarious liability for employers. Added W & I Code § 15657.6 providing for the recovery of financial abuse damages where property is not promptly returned to an elder who lacks capacity. Added W & I Code § 15657.7 providing for a four year statute of limitations, commencing upon discovery of the facts giving rise to the claim.