"The expert that makes the difference" in financial elder abuse matters

For over 20 years Dr. Bernatz was an expert at the forefront of legal matters involving undue influence, capacity, and financial elder abuse. In a statement of decision, the   court acknowledged her expertise; her "career-long experience," "pioneering achievements," and "impeccable credentials."

She began her expert witness career in financial elder abuse in 1997 and by 2006 Dr. Bernatz developed and published the undue influence model   SCAM™   and the 4 bucket system   that provides guidance on how to gather and analyze the circumstantial evidence in undue influence matters.

A year later, in 2007,   Dr. Bernatz became a founding member of the world renowned Los Angeles County Elder Abuse Forensic Center (LACEAFC), and the psychologists at Bernatz Experts have been the primary consultants since its opening.

In 2008, Dr. Bernatz established a professional training program for her associate psychologists at the LACEAFC to educate them in the field of undue influence, capacity and financial elder abuse.

By 2014, Dr. Bernatz's   SCAM™   model was reflected in the new California Probate Code (PC § 86 and WIC 15610.70) regarding undue influence.

Dr. Bernatz passed away in 2021, but her associates continue to be the expert witness team you can count on to assist you in resolving the undue influence, capacity, or financial elder abuse litigated matter through mediation or providing you with the litigation support for a successful outcome at trial.         

 

Mental Capacity

An older adult may appear to have a veneer of being cognitively intact however have mental deficits that interfere with their ability to understand and appreciate the consequences of their decisions such as making or changing their will or trust or legal contracts.

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Undue Influence

Undue influence doesn’t necessarily go together or hand in hand with an older adult’s lack of mental capacity; one can be unduly influenced while still retaining capacity. The susceptibility of the older adult is central to undue influence, as is the trusting relationship between the older adult and influencer and the use of excessive persuasion and manipulation in procuring the contested documents or transactions… 

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Elder Financial Abuse

Elder Financial exploitation—the illegal or improper use of an older adult’s funds, property, or assets—is an epidemic with society-wide repercussions. The Bernatz Expert provides invaluable expertise with this “silent crime”… 

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