Undue influence is the
exploitation of an individual often due to the individual’s age, health, failing
mental capacity, or the overall tendency to trust others. While the elderly are especially susceptible,
anyone is vulnerable to undue influence, including the ill, stressed, lonely or
frightened of any age. It can come in many forms: family, neighbors,
paid personal aides, church members, and many others.
Sometimes people who
exercise undue influence start off as a caretaker, who genuinely seems to care
for the individual. As time progresses, however, they are
able to convince the person no one else cares for them, resulting in the
individual becoming totally dependent on the caretaker. As in the example with Mickey Rooney,
his wife and stepchildren drained his estate of millions of dollars during his
lifetime. I am aware of a case in which
a younger, attractive caregiver convinced her elderly patient she cared for him
emotionally, and then convinced him to add her to his deed for his personal
residence. She also received numerous financial
gifts. Unfortunately, the money was much
more important to her than caring for the individual she was hired to help. She moved on once the money was gone, leaving the elderly individual and the family
to try and pick up the pieces.
So what can you do? An elderly person’s family, friends and
neighbors should make efforts to insure the person is receiving good nutrition,
help them stay socially involved, and be observant for signs someone is
attempting to control that person for their own gain. If you suspect an elderly person is a victim
of undue influence, put all details of the transaction, including names, dates
and facts in writing. You can contact
Adult Protective Services in your area which will begin an investigation. This may prevent the elderly person from
losing any more money and help him regain his dignity.
A proactive approach in this
situation is to meet with a qualified estate planning attorney to guide the
individual through the estate planning process which may help avoid some of the
pitfalls of undue influence that can arise from caregivers, friends, family and
others.
The Mickey Rooney matter
continues. His estate was awarded
millions from the stepfamily but whether that will be collected remains to be
seen.
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| Robert Jensen and Thomas J. Bayles, attorneys at law |
JensenBayles,
LLP provides a broad spectrum of legal services. Thomas J. Bayles has been actively providing
advice in the areas of trusts, wills, probate and tax planning in the St.
George market for over 18 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles. The information in
this article is for educational purposes only and is not intended to be
construed as legal advice. Please contact an attorney for legal advice specific
to your situation.
