Preventing Duress Involving Elderly Individuals

Attorney Philip Brown is very familiar with how many elderly people end up succumbing to undue influence and signing documents under pressure. With over 40 years of experience as a Southern California lawyer, he understands the legal options available to you and how to advocate for you in court.

What Is Undue Influence?

Undue influence occurs when a person uses his or her power or persuasiveness to take advantage of a vulnerable elder. One of the most common manifestations of undue influence is pressuring, coercing, or threatening an elder to sign estate planning documents or agree to other contracts.

Here is an example: A woman is in her late 80s and going blind. She depends on her daughter to do all the shopping and assist her with day-to-day tasks. The daughter, however, pressures her mother into signing a new will and leaving everything to her "in-exchange" for continuing to provide care.

The law has in place laws to protect elderly individuals from these sorts of tactics.

Is Someone Taking Advantage Of Your Loved One's Vulnerability?

Vulnerability is the key in these cases. The law does not consider all elderly individuals to be vulnerable. Their cognitive abilities are razor sharp, and they are fully capable of taking care of themselves.

However, if an elderly person suffers from dementia, Alzheimer's, or any other condition, he or she can be an easy target for unscrupulous family members, dishonest caregivers, and other individuals.

Advocating For You

If you believe your elderly relative is vulnerable to financial exploitation or is already being financially abused, discover how a lawyer can help. Contact Phil Brown Law in Beverly Hills to arrange a free initial consultation by calling 424-281-0991.