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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