Oklahoma City Oklahoma Elder Law Attorney

Due to sickness and the affects of aging, elderly people are particularly vulnerable to being taken advantage of by dishonest nursing home staff, dishonest neighbors, or manipulative family members. When the ability to make informed, rational decisions prevents an elderly person from protecting their will or finances, unscrupulous people may convince them to change their will, sign over powers of attorney, or deed property over to them. Understanding steps that can be taken now to protect an elderly parent or loved one is essential for avoiding problems later. At the law office of Donna J. Jackson, we advise clients in regard to undue influence and competency issues involving the elderly and estate plans. Since there are a number of legal and medical issues to consider, consulting an attorney in order to understand what needs to be done to both document undue influence and protect an elderly loved one is important.

If you have questions regarding undue influence in regard to probate, a contested will, or powers of attorney for a loved one, contact the law office of Donna J. Jackson today.

Issues Related to Undue Influence and Mental Capacity

Wills can be contested, as well as other aspects of a person's estate plan when questions of undue influence arise in regard to the following:

• Final will and testament
• Signing over title of home
• Adding someone to a will or trust
• Electing an executor of an estate
• Assigning powers of attorney
• Adding someone to a bank account or line of credit

Steps that can be taken to Protect Your Loved One

If undue influence is suspected or is an immediate concern, family members can establish a guardianship or conservatorship for their elderly parent or loved one. While a medical or psychological examination may be necessary, the court will transfer responsibility for ordering and maintaining your loved one's financial and legal affairs to you. This ensures wills cannot be changed, bank accounts manipulated, or property titles transferred without your awareness and approval.

What happens if the Damage has already been done - What are my Options?

Typically, if a will has been illicitly changed or if property transferred under undue influence, recovery is possible through legal action. An investigation may be necessary, as well as litigation where eyewitness testimony introduced and evidence provided. When the evidence is compelling, the court will restore a victim of undue influence by reversing actions on the part of those who exerted undue influence on them. In cases where bank accounts and liquid assets are taken, recovering any money or investments involved may be nearly impossible. Our office can evaluate your case and discuss the options available to you, explaining what any legal action may involve.

Contact Estate Planning Attorney Donna J. Jackson Today

Our office works regularly with in-state and out-of-state adult children of elderly people on estate planning matters. If you need assistance in understanding what undue influence involves and what can be done to protect your loved one's financial and legal interests, contact estate planning lawyer Donna J. Jackson today.