Undue Influence and Vulnerable Adults - Sandra D Glazier

Undue Influence and Vulnerable Adults Sandra D Glazier ISBN 9781641056168

Age-related issues—particularly diminished capacity—are key indicators of a client’s potential vulnerability to undue influence and reflect the broader reality of an aging population. Elder abuse has been described as “the crime of the 21st century,” and undue influence represents one of its most pervasive forms. With reported cases resulting in an estimated $1.17 billion in losses, the true scope of financial exploitation of vulnerable adults is likely far greater than current figures suggest.

Approaching the subject from a legal perspective, Undue Influence and Vulnerable Adults examines the critical role attorneys play when representing clients at risk. Drawing on extensive experience, the authors explore the legal, ethical, and practical considerations involved and offer strategic guidance for both planning and litigation. Their insights help practitioners identify warning signs, address vulnerabilities early, and design estate plans and legal instruments that are more resilient to later challenges.

The book also addresses proactive measures, including waivers and authorizations for information sharing, and explains the importance of establishing channels of communication with family members or trusted advisors when concerns about capacity or undue influence arise. From a litigation standpoint, the authors provide detailed strategies for both challenging and defending legal instruments alleged to have been procured through undue influence.

Table of Contents

• Preamble

• Introduction

• Chapter 1: Ethical Considerations When Representing Vulnerable Adults

• Chapter 2: Understanding Capacity as the Foundation of Undue Influence

• Chapter 3: Defining Undue Influence

• Chapter 4: Evidence of Undue Influence

• Chapter 5: Distinguishing Undue Influence from Fraud and Duress

• Chapter 6: The Presumption of Undue Influence

• Chapter 7: Rebutting the Presumption

• Chapter 8: No-Contest Clauses and the Role of Probable Cause

• Chapter 9: A Litigation Perspective

• Chapter 10: Using Experts and Interpreting Medical Evidence

• Chapter 11: The Attorney-Client Privilege

• Chapter 12: Video Recording, Electronic Wills, and Remote Witnessing and Notarization

• Index

Undue Influence and Vulnerable Adults Sandra D Glazier ISBN 9781641056168, 978-1641056168 & 9781641056175

Authors
Sandra D Glazier
Thomas M Dixon
Thomas F Sweeney