QUESTION

Can you prove undue influence if a person was competent?

Asked on May 03rd, 2021 on Elder Law - North Carolina
More details to this question:
Family member was giving "friend" money and we believe she felt under pressure/influence to give him the money. She is now incompetent to act on her behalf due to a stroke. After she became ill we discovered that she was giving him money when we wrote bills for her. Saw entries in checkbook ledger, etc. and have had others to tell us she gave him more cash. We are told he has her lock box with money and important documents in it. My SIL lived at apartment complex where this person lives and had told us he kept her upset, etc. but we didn't know she was giving him money.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Undue influence can be brought to bear over a competent person, as can elder exploitation.  Take your evidence to a local elder law attorney.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on May 04th, 2021 at 5:29 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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