Does assisting in the procurement of a fraudulent general power of attorney or advance health care directive lead to intentional infliction of emotional distress?

^20. Because we conclude the emotional distress claims were barred by Code of Civil Procedure 377.34 and the statute of limitations, we do not address whether assisting in the procurement of a fraudulent general power of attorney or advance health care directive which leads to exploitation of, or injury to, an elderly person or dependent adult is sufficiently outrageous conduct to support a claim for intentional infliction of emotional distress. With respect to the negligent infliction of emotional distress claim, we note that a bystander attempting to assert a claim for emotional distress suffered in observing injury to another "may recover only for the emotional distress suffered as a result of plaintiff's presence at the injury-producing event and the contemporaneous awareness that the injury was being suffered." (Campanano v. California Medical Center (1995) 38 Cal.App.4th 1322, 1328-1329.) Appellant was not present when respondents signed the general power of attorney or advance health care directive, and the injury that allegedly resulted was not contemporaneous, but occurred long after the documents were signed.