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July 14

Undue Influence Over the Vulnerable Elderly

Written by Thomas Upchurch , , ,

I had to address a recent case in which a Power of Attorney and Last Will and Testament was allegedly executed under undue influence. The man was elderly, single, had no children, and no known relatives. His older sister and his domestic partner had all lived together.  His older sister usually handled the bookkeeping.   She died around 2006 and his domestic partner died shortly thereafter.  He was a generous man and kindhearted. After his partner’s death, he sent money to his domestic partner’s family members.

By 2006, he accumulated through inheritance from his sister and his own savings over $650,000.00 in Certificates of Deposits (CDs).

Due to being alone for the first time in his life, he became lonely.  A neighbor would visit him and through time gained his trust. Eventually, the neighbor through possible undue influence persuaded the gentleman to grant him Power of Attorney.
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