Tips and Resources

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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Ray Lewis
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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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