Age-related issues, including diminished capacity, can be a significant
indicator of the potential vulnerability of a client to undue influence,
and also an indicator that our population as a whole is aging. Elder
abuse has been called "the crime of the 21st century." Undue influence
is a form of financial abuse of the elderly, with the large number of
reported cases and estimated $1.17 billion in damages just the tip of
the iceberg.
Looking at the topic from a legal perspective, Undue Influence and
Vulnerable Adults addresses both the role and the importance of the
attorney when representing a vulnerable adult. The book's authors, who
each command extensive experience in the area, explain the relevant
considerations and provide strategies when litigation is required. Their
practical and legal advice on issues will assist planners identify
issues and then create effective plans for vulnerable adults that may
better withstand attack.
Undue Influence and Vulnerable Adults also helps readers understand
the options and potential consequences of proactive waivers and
permissions for release of information as well as the potential
importance of being able to initiate contact with family or other
trusted advisors when concerns about capacity and/or undue influence
subsequently arise. In addition, the authors provide strategies from a
litigation perspective on handling efforts to invalidate as well as
defend instruments claimed to be the result of undue influence.
Table of Contents
Preamble
Introduction
Chapter 1: Ethical Considerations When Representing Vulnerable Adults
Chapter 2: To Understand Undue Influence, One Needs to Understand
Capacity
Chapter 3: What Is Undue Influence?
Chapter 4: Evidence of Undue Influence
Chapter 5: Fraud and Duress Are Different Than Undue Influence
Chapter 6: The Presumption of Undue Influence
Chapter 7: Rebutting the Presumption
Chapter 8: No-Contest Clauses and the Importance of Probable Cause
Chapter 9: A Litigation Perspective
Chapter 10: Using Experts and Understanding the Medical Evidence
Chapter 11: The Attorney-Client Privilege
Chapter 12: Video Recording, Electronic Wills, and Remote Witnessing and
Notarization
Index
