Undue Influence and Vulnerable Adults

    By Sandra D Glazier, Thomas M Dixon and Thomas F Sweeney

    Undue Influence and Vulnerable Adults

    Undue Influence and Vulnerable Adults

    By Sandra D Glazier, Thomas M Dixon and Thomas F Sweeney

    Undue influence is a form of financial abuse of the elderly, with the large number of reported cases just the tip of the iceberg. This valuable and practical legal resource provides a broad understanding of all aspects undue influence, from how to identify it, plan for its possibility, litigate it, and address issues related to it. See Table of Contents under the "Read More" section.

    Undue Influence and Vulnerable Adults

    By Sandra D Glazier, Thomas M Dixon and Thomas F Sweeney

    Undue Influence and Vulnerable Adults

    Undue Influence and Vulnerable Adults

    By Sandra D Glazier, Thomas M Dixon and Thomas F Sweeney

    Undue influence is a form of financial abuse of the elderly, with the large number of reported cases just the tip of the iceberg. This valuable and practical legal resource provides a broad understanding of all aspects undue influence, from how to identify it, plan for its possibility, litigate it, and address issues related to it. See Table of Contents under the "Read More" section.

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    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

    Product Details

    Sponsors

    Section of Real Property, Trust and Estate Law

    Publishers

    ABA Book Publishing

    ISBN

    9781641056168

    Page Count

    207

    Product Code

    5431119

    Trim Size

    6 x 9 Paperback

    Publication Date

    2/25/2020 12:00:00 AM

    Sponsors

    Section of Real Property, Trust and Estate Law

    Publishers

    ABA Book Publishing

    ISBN

    9781641056175

    Page Count

    207

    Product Code

    5431119EBK

    Trim Size

    6 x 9

    Publication Date

    2/25/2020 12:00:00 AM

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