| In elder financial abuse cases, it is often difficult to | | | | reference to mental deficits. |
| prove that a fraud occurred. The elder's mental | | | | The expert must also interview the elder's family |
| capacity may have deteriorated to the point that | | | | members and friends to discover their knowledge of |
| they can no longer provide meaningful testimony. A | | | | the elder's mental history, including their observations |
| psychologist may then be necessary to provide | | | | of specific events and dates that identify the elder's |
| expert witness testimony to prove that the elder | | | | outlook or propensities with regard to financial |
| was susceptible to undue influence and manipulation. | | | | matters. For example, these witnesses may all have |
| A psychologist is not a medical doctor but has the | | | | known that the elder grew up during the depression, |
| necessary education, training and skill to assist the | | | | was very conservative with money and would not |
| court or jury on the issue of mental incapacity and its | | | | have made any frivolous gifts or transfers |
| relationship to the set of circumstances that led to | | | | They may also be able to provide the psychologist |
| the financial abuse. The psychologist's role is a | | | | with information about the defendant and how the |
| forensic one; that is, to go back in time and render | | | | elder became more and more reclusive and isolated |
| an opinion as to whether the elder was susceptible to | | | | once the defendant became involved in the elder's |
| undue influence at the time the alleged abuse took | | | | life. |
| place. | | | | The psychologist should also review all deposition |
| This is not an easy task, particularly under the laws | | | | transcripts and other written discovery in order to be |
| of California. The psychologist should first meet with | | | | sure that all evidence was thoroughly considered and |
| the elder law attorney to be thoroughly briefed on | | | | utilized in forming the basis for the expert's opinion. |
| the facts. The expert witness should only rely upon | | | | When all of this has been accomplished, the |
| facts that the lawyer is certain can be proved at trial. | | | | psychologist must meet with the elder's lawyer to |
| If the elder is still alive, then the psychologist should | | | | prepare the expert for trial. This does not involve |
| personally meet with the elder and conduct a mental | | | | "coaching" the witness. It is the process in which the |
| capacity examination. Even if the elder is mentally | | | | lawyer becomes familiar with all of the facts that the |
| incapacitated at the time of the examination, the jury | | | | expert has relied upon in reaching an opinion. Both the |
| will want to know that the expert took the time to | | | | lawyer and expert must step into each other's shoes, |
| obtain an eyewitness evaluation and did not simply | | | | as well as the elder's, in order to fully understand the |
| rely upon someone else's opinion. | | | | nature of the abuse and how it was actually carried |
| The forensic opinion must focus on the elder's mental | | | | out. |
| capacity at the time the alleged financial abuse took | | | | A qualified psychologist can provide valuable expert |
| place, which may have occurred several years earlier. | | | | witness testimony to prove that an elder was |
| A thorough review of all medical records will be | | | | susceptible to undue influence and the victim of |
| required, with the objective of uncovering any | | | | financial abuse. |