Working with a parent or other elderly relative on their will and estate plan is an important task that, if done correctly, puts everything in place for the day it’s needed. These plans put in writings the wishes of the elder and give instructions to family members, friends, beneficiaries, and the executor. Estate planning makes a difficult period easier for the family as instructions are in place and outlines for the executor what to do. Estate planning attorney, Wendy Hart, serving the Fort Worth area, is experienced in helping families with estate planning.
But what if your elderly relative suddenly changes things? Changes that do not make sense given the thought out conversation that led to a sound plan that included a comprehensive last will and testament. You may be concerned if things have been radically changed, possibly to excessively benefit one beneficiary. For instance after telling one or more people that they would receive something specific after they die, suddenly someone else is the new recipient, possibly someone who would not logically be named a beneficiary or now is the recipient of all or the overwhelming bulk of the estate. Please note that your concern shouldn’t not be driven for selfish reasons, but rather a concern that that someone may be taking advantage of your elderly relative.
How did this happen?
Undue Influence
Undue influence is a when is a person is persuaded to act not of their own free will by various methods such as force, threats, trickery etc. Perhaps a new will is written as discussed that seems radically different, favoring one relative or even a non family member such as a care giver. What if you discovered the caregiver was a new co-signer on your dad’s bank account or a new power of attorney was created naming your cousin? However it happens, your elder is changing things in favor of someone else and you’re not sure why.
The idea that undue influence may be at the heart of the matter should be looked into. When a relative, caregiver, or just a “new friend,” encourages changes to wills and estate plans, undue influence may be the issue. Maybe the caregiver sweettalked your dad into rewarding him or her for their service and your dad who may not be strong enough mentally to understand their unscrupulous motives. Maybe that cousin started visiting now that his dear old uncle is getting on and he/she knows he could frighten or fool your dad. Undue influence is a form of elder abuse. It is simply wrong when an individual pressure the elder into making these changes to benefit themselves out of greed.
Undue influence can come from:
• Adult children
• New spouses
• Stepparents/stepchildren
• Unmarried romantic partners
• Caregivers, such as home healthcare workers
• Longtime friends
• Distant or long-lost relatives who have a sudden renewed interest in the elder’s wellbeing
• Anyone else the elder knows and has a friendly relationship with
The elder usually does not understand what they’ve done or that they have been pressured to make these changes by the other person. It is frightening to think of your elderly relative being taken advantage of and that psychological tactics, emotional pressure, and possibly even physical force may have been used to coerce the elder to change their will. If you think undue influence may have caused the change, you will want to consult with an attorney right away. If you don’t discover the changes till after the death of the person, you may need to challenge the will.
Elder Financial Abuse
Changing a will is just another form of financial abuse. Imagine, after years of confidently taking care of themselves, your elder suddenly has money problems. They’re missing doctor’s appointments and skipping their prescriptions. Maybe they’re not interested in grocery shopping as much as they used to. Or their lights, gas, or water are turned off for non payment. The reason may be financial problems that they are too embarrassed to disclose. These are red flags that they may need more assistance or that they be taken advantage of.
But you will want to be careful of who is helping out. A friend or relative who is suddenly interested in “how your mom is doing” may be coming out of the woodwork for a specific reason. Maybe they believe he or she doesn’t have long and it’s time to cozy up and become a “favorite.” Unfortunately, many elderly people will respond to such attention and become victims of undue influence to change things to suit this individual.
Elders who have cognitive or other disabilities are particularly vulnerable to this type of abuse but don’t have the capacity to realize what happened. Elders in nursing homes are frequently targeted for financial abuse, by anyone from relatives to their attorneys and financial service representatives, specifically because of their disabling condition. Yes its terrible, but you need to be on guard to protect your aging loved one.
Protecting Your Elder From Fraud And Elder Abuse
Watching over your elder’s financial and legal affairs is part of caring for them. One of the best way to guard your elder is to keep watch over their finances. Forbes offers these suggestions:
1. Regularly review all trust and estate documents, including wills. Be on the lookout for new beneficiaries, updates, and other changes that aren’t familiar.
2. Utilize direct deposit for any regular income, especially if the elder has more than one form of income. This eliminates the possibility of anyone handling the elder’s checks.
3. Sign up for online banking and automatic bill pay so that the elder no longer has to write checks or balance their account, and you can see all account activity from anywhere.
4. Pay expenses with credit cards and pay the balance monthly. Credit cards offer protection from identity theft as well as protection from fraud and loss of cash.
5. Consolidate the elder’s credit cards and other accounts. This makes reviews easier and makes fraud detection easier, too.
If you see a change that concerns you, the first thing to do is ask them directly about the changes. If the answer doesn’t make sense, it’s time to delve into their affairs and look for everything and anything else that’s changed. You may need to employ the help of an estate planning attorney for such an audit.
An elder may not like the extra oversight of their affairs and may be embarrassed by the situation. But you have to show compassion and patience because your oversight may be the one thing standing between them and a tragic outcome. By understanding their financial condition, you’ll know if their estate planning was intended or was from undue influence.
Fort Worth Estate Planning Attorney Wendy L. Hart
Wendy L. Hart is both an experienced family law attorney and estate-planning attorney. She understands what’s involved when planning your estate and can make sure your wishes are carried out properly.
If you’re faced with handling a loved one’s estate, we’d be happy to help. Visit our Mansfield office, use our online contact form, or call us at (817) 842-2336.
