12 Signs of Undue Influence and Incapacity

Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the elder’s love and commitment.
Gifts to anyone that are so large, given the size and nature of the elder’s estate, as to threaten the elder’s economic security
Loans, particularly if undocumented, to anyone; special scrutiny required if to non‑family members
Actions by the elder’s fiduciary (attorney-in-fact, trustee, other) that reflect poor judgment or conflict of interest
Existence of estate-planning documents naming non‑family members as fiduciaries or beneficiaries
Existence of joint accounts with non‑family members
Evidence that the elder signs checks prepared by others
Bequest plans or other arrangements favoring one child, particularly if the child lives with elder.
Evidence of excessive dependence on a child or other person, particularly if such other person is critical to the client’s independence and/or ability to avoid a nursing home
Material inconsistency between elder’s understanding of estate and its true value
Excessive fees charged by professionals (trustees, attorneys, financial advisors, stockbrokers, other)
Unreasonable terms of loans or other financial arrangements.

What To Do If You Suspect Undue Influence Or Incapacity
Click Here and Give Your Loved One Either or Both of These Quick Screening Tests
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Ray Lewis

San Diego Elder Law Attorney at The Law Offices of Ramon E. Lewis

Ramon E. Lewis (Ray) is the founder of Elder Protection Center. He is an attorney who is proud to have worked within the Southern California legal community for over twenty years.