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12 Signs of Undue Influence and Incapacity

12 Signs of Undue Influence and Incapacity

  1. Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the elder’s love and commitment.
  2. 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
  3. Loans, particularly if undocumented, to anyone; special scrutiny required if to non‑family members
  4. Actions by the elder’s fiduciary (attorney-in-fact, trustee, other) that reflect poor judgment or conflict of interest
  5. Existence of estate-planning documents naming non‑family members as fiduciaries or beneficiaries
  6. Existence of joint accounts with non‑family members
  7. Evidence that the elder signs checks prepared by others
  8. Bequest plans or other arrangements favoring one child, particularly if the child lives with elder.
  9. 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
  10. Material inconsistency between elder’s understanding of estate and its true value
  11. Excessive fees charged by professionals (trustees, attorneys, financial advisors, stockbrokers, other)
  12. 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.
Ray Lewis
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