November 25, 2020 Book Synopsis

Book Synopsis: Undue Influence and Vulnerable Adults

Reviewed by David Godfrey, Senior Attorney, ABA Commission on Law and Aging

Financial exploitation is a billion-dollar plus problem in the U.S. each year, and undue influence plays a major role in it. Lack of capacity, breach of fiduciary duty, breach of contract, undue influence, fraud, and duress are all tools used in financial exploitation and potential theories of the case in litigation to recover assets and damages for financial exploitation. This book, Undue Influence and Vulnerable Adults has two primary goals. A significant part of the book is devoted to careful and defensive practice by estate planning and transactional attorneys. Most of the balance of the book explores litigating undue influence claims.

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