In Re Conservatorship of Estate of Davidson

This appeal is from a judgment affirming the validity of the revocable living trust of conservatee and decedent Dolores Davidson, and denying the petition of appellant Cal Morken to invalidate that trust and rescind the gift thereunder to respondent Stephen Gungl. Appellant Morken contends the trial court erred in upholding Davidson’s gift to Gungl as valid under the provisions of Probate Code sections 21350 and 21351, based upon the determination that respondent Gungl was not a “care custodian of a dependent adult” barred from receiving a donative transfer under Probate Code section 21350, subdivision (a)(6). Respondent Gungl argues that the trial court’s determination that he was not a “care custodian” under the statute was supported by substantial evidence; the judgment is supported by clear and convincing evidence that the transfer to Gungl was not the product of fraud, menace, duress or undue influence; and there was no presumption of undue influence under the circumstances of this case.

We conclude the trial court correctly determined that for purposes of section 21350, respondent Gungl was not a “care custodian” providing “health services or social services” to…