Elder law is a specialized area of legal practice that addresses the unique needs and challenges faced by seniors. One of the most concerning issues in this field is undue influence, where vulnerable seniors are manipulated or coerced into making decisions that may not be in their best interest.
What is undue influence?
Undue influence refers to situations where an individual, often a vulnerable senior, is manipulated, deceived, or pressured into making decisions they wouldn’t have made under normal circumstances. This can involve financial transactions, changes to estate planning documents, or other significant decisions.
Common scenarios of undue influence
- Online Scams: Seniors may be targeted by online scams where they’re deceived into wiring money to unknown entities or led to believe a loved one is in danger.
- Family Members: In some cases, family members or close acquaintances might exploit a senior for financial gain, especially if the senior has diminished cognitive abilities.
- Legal Changes: An elder might be brought into a law firm to change their will or trust, often led by a third party who might benefit from the changes.
Red flags to watch for
- Isolation: If a senior is isolated from family or friends or cannot communicate freely, it’s a significant red flag.
- Unexplained Financial Transactions: If there are financial transactions that the senior cannot explain or remember, it’s a cause for concern.
- Changes to Legal Documents: If a senior suddenly changes their will, trust, or other legal documents without a clear reason, it might be due to undue influence.
Steps to take if you suspect undue influence
- Ask Questions: If you have concerns, don’t hesitate to ask the seniors about their decisions and the reasons behind them.
- Consult with Professionals: An elder law attorney can provide guidance and assess the situation to determine if undue influence might be at play.
- Report Concerns: If you believe a senior is being abused or exploited, report your concerns to Adult Protective Services or local law enforcement.
Wrapping up
Undue influence is a grave concern in elder law, and it’s essential to be vigilant and proactive in protecting vulnerable seniors. If you suspect undue influence, promptly ensure the senior’s well-being and financial security.
For more insights into estate planning and elder law, we’d love to see you at an upcoming workshop or check out our Elder Law Academy to learn about important legal matters from home at your own pace.
