Undue Influence and Vulnerable Adults

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