Tag Archives: UNDUE INFLUENCE

Can I record conversation to prove elder abuse?

Q: We suspect our feeble but mentally sound grandparent is being emotionally and financially blackmailed by a private home caregiver who has recently come onto the scene. The grandparent has become somewhat secretive and it has been very difficult to meet this “caregiver”. They have begun a legal contract together regarding care of our grandparent. Upon death the caregiver will receive an overly generous financial gain. There are several requests that the caregiver has made that are illogical and very concerning to have in the contract to gain legal power over our grandparent. Our grandparent has started to withdraw from family since this caregiver has come along. The grandparent is acting out of character & trusts the caregiver. Our grandparent has already been influenced by the caregiver in a way that has put their health/life at risk. The caregiver does not like to meet with family to discuss their arrangement. There are many red flags at this stage with this relationship and we are sick with worry. Can we record conversations without consent to help prove undue influence as it is so difficult to find other proof at this time How else can we collect proof regarding undue influence of an elderly person? (Pittsburgh, PA)

A: Not unless you want to take the risk of the caregiver filing criminal charges against you. PA is a two-party consent state. I suggest calling Adult Protective Services and have them do a home visit to assess the situation. Your grandparent can do as they wish if they are competent. However, if the caregiver is becoming an heir and receiving more than just compensation for services, something is wrong and there is a legal course of remedy based on the doctrine of undue influence. You could also make the local police aware of the situation. Some police have training in elder and may have suggestions as to what help they can provide.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line. (Latrobe, PA)

A: Your father can threaten to file criminal charges, but it doesn’t sound like a criminal case. I would need more information to determine if the police or the DA would file charges. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting without clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit of some type including a restraining order or domestic abuse order.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line.

A: Your father can threaten to file criminal charges, but I would need more information to determine if the police or the DA actually file them. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting with clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit.

Brother changed dad’s will

Q: My mother died 7/24/13 in PA and she and my dad have had the same wills for the past 25-30 years dividing property equally between my brother and me. My dad went to Anchorage to live with my brother after my mom’s funeral service and I asked for a copy of their will. My brother is an attorney and works for the AG office and said it was just changed 11/1/13. It leaves everything to him. My dad is 84 and on 10/4/13 went unconscious with insufficient blood supply to his brain. He recovered but is not in good mental capacity. I would not have known anything about the change of will had I not asked. I think there is deceit and undue influence. I have numerous people who would verify what my mom’s wishes were because she spoke about it a lot before her death. My mom and dad’s other will was from PA where they lived and where all the property is. We are talking about a substantial amount of property. I don’t have the money to fight him and wonder what can be done if anything.

A: You need to confirm whether mom and dad had typical husband and wife wills in which each inherits from the other. If that is the case, your dad inherited from your mother. The issue is whether your father had competency to make the will that your brother speaks of. If you wish to have the will challenged, you probably need a doctor to opine that at the time it was signed by dad he was incompetent. For example, he was on medication at the time, did he suffer from dementia or Alzheimer’s disease, etc. In PA, you would need that to prove he was incompetent at the time. Proving undue influence would require witnesses to say your brother misled, bullied, coerced, or manipulated your dad into signing. Unless you have credible witnesses to support these allegations, it would be difficult. Unfortunately, you need to hire a lawyer in Alaska. He could contact your brother, ask for a copy of the will, and try to see if he can get an opinion from your dad’s doctor as to your dad’s competency when he entered the will. This is a tough battle. If there is a large amount of money at stake, an attorney may be able to forego a retainer if he believes there is a case.