Author: Ray Lewis

What To Do If You Suspect Undue Influence Or Incapacity

    What To Do If You Suspect Undue Influence Or Incapacity

    • Contact Adult Protective Services
    • Get an accounting of elder’s prior fiduciaries. Court procedures are available to compel these accountings.
    • Institute conservatorship/guardianship procedures to formalize authority in a trusted person who will be accountable to the courts.
    • Revoke or amend estate-planning documents that do not comport with the elder’s wishes.
    • Commence a civil action against the person or persons who took financial advantage of the elder. A civil suit could include causes of action for elder abuse, fraud, negligence misrepresentation, theft and breach of contract.
    • Remove assets from accounts held jointly with suspected abuser.
    • Involve the police and raise possible criminal charges against abuser.
    • Draft documents (durable power of attorney, trust, other) to effect true, independent wishes of the elder.
    • Involve social worker, counselor, psychologist or professional geriatric care manager.
    • Involve professional, bonded fiduciary to manage assets for elder.

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