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The judge will examine whether the patient is cut off from contacting family. If you refuse to disclose what NH mom is in, or tell the nurses to keep someone out without a restraining order there can be problems. If a POA misuses assets or spends money that the patient has not authorized, it is a bad thing. If the patient has been falsely led to believe that a family member should be cut out of the Will, with no basis in FACT, it will emerge in cross-examination. You must carefully document your position with dates, times and details and you may want to have supporting witnesses deposed as well.
People sling all kinds of insults and insinuations at each other but taking someone to court is a different matter. The point to an "undue influence" accusation in court is to undo a legal decision by the person who was said to be unduly influenced. For example, suppose Dad changes his will to disinherit Joe. Joe wants to challenge the new will, and says that Dad wouldn't have changed his will if he parent hadn't been pressure or coerced or brainwashed into making the change by sister Jane. Dad took an action he had the legal right and the legal standing to make, but Joe is claiming that Jane exerted undue (= inappropriate) influence (=power) to make Dad do it. If Joe can get the court to believe this, then the new will gets thrown out.
Like everything else, I bet sometimes undue influence really happens and sometimes the accusation is false. If you're accused of something you didn't do, gather your thoughts about how to demonstrate that you didn't do, and how to demonstrate that whatever happened would have happened even without you around. If you did talk your parent into something, think hard about two things so you can stick up for yourself: (1) whether you were really acting in their best interest, (2) whether you honored his or her RIGHT and his/her degree of ABILITY to decide for him- or herself. Even if your parent was so weak that you had a lot of influence, if you used your influence with integrity the court may decided that it wasn't "undue"
Yes. And the one who accused me of it already used undue influence to get the paperwork changed around without my knowledge.
How do you prepare yourself? Have thorough documentation, especially about interaction with the accusing party and good cause as to why you have taken any action you have. And then definitely get an attorney.
The system tends to not be set up for much of a positive income if you try to represent yourself. If you try to go it alone, you might luck out from time to time and find a judge who would listen to you speaking plain English. But most of the time, they are all into procedures and precedents and you won't get a judge to listen to you if you're not speaking the courts language. Unless you're a lawyer yourself, believe me that you usually won't know how.
This is not a real legal term. Who is accusing you of "undue influence". I don't know of any person who is not unduly influenced by their children at many points in their lives. If the person is incapacitated then "undue influence" could mean the child is doing something not in the parent's best interest. But if the parent is of sound mind, "undue influence" is really hard to prove or disprove unless it is blatant. Just tell the truth if you are going for a disposition.
ugh. I should pay attention. I have been accused by SIL. "I don't care what you say, I will never believe you. I'm sure you did something to influence him. I don't know what, but I will never believe you". I agreed to disagree, but the climate of the whole situation for me is .....No good deed goes unpunished. I'm not sure if there is a way to prepare for me. Document, document, document...who has time for that? But I would like to know Charles1921's story.
I just had my mom tested last week. Dr. Said dementia ending with altzheimers. My one sibling hasn't seen us since 1995. I wouldn't put it past him. Fortunately, I haven't taken from Mom, only given my help. She made nothing off the sale of her small home, I bought her 2007 car in April of 2013, and even if I was accused of not giving her enough money, I contribute money to help pay her room at a retirement home. But you know, selfish, greedy people, always afraid someone else might have something they don't, can cause all kinds of grief. I am careful to keep receipts and proof of things I have helped with "just in case". It's a sad world we live in. And yes, lovestinks, It seems "no good deed goes unpunished". I go into situations knowing that, but it's my mom, I do it for her. (as I know you surely do.)
Thanks My3sons for the link. It sure looks like a legal term to me. pstrern, where do you live? My brother owns a large law firm that includes several elder lawyers.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Like everything else, I bet sometimes undue influence really happens and sometimes the accusation is false. If you're accused of something you didn't do, gather your thoughts about how to demonstrate that you didn't do, and how to demonstrate that whatever happened would have happened even without you around. If you did talk your parent into something, think hard about two things so you can stick up for yourself: (1) whether you were really acting in their best interest, (2) whether you honored his or her RIGHT and his/her degree of ABILITY to decide for him- or herself. Even if your parent was so weak that you had a lot of influence, if you used your influence with integrity the court may decided that it wasn't "undue"
How do you prepare yourself? Have thorough documentation, especially about interaction with the accusing party and good cause as to why you have taken any action you have. And then definitely get an attorney.
The system tends to not be set up for much of a positive income if you try to represent yourself. If you try to go it alone, you might luck out from time to time and find a judge who would listen to you speaking plain English. But most of the time, they are all into procedures and precedents and you won't get a judge to listen to you if you're not speaking the courts language. Unless you're a lawyer yourself, believe me that you usually won't know how.
My one sibling hasn't seen us since 1995. I wouldn't put it past him. Fortunately, I haven't taken from Mom, only given my help. She made nothing off the sale of her small home, I bought her 2007 car in April of 2013, and even if I was accused of not giving her enough money, I contribute money to help pay her room at a retirement home. But you know, selfish, greedy people, always afraid someone else might have something they don't, can cause all kinds of grief.
I am careful to keep receipts and proof of things I have helped with "just in case".
It's a sad world we live in. And yes, lovestinks, It seems "no good deed goes unpunished". I go into situations knowing that, but it's my mom, I do it for her.
(as I know you surely do.)
The previous link didn't include the word influence. You might have to copy and paste the line above if this link is incomplete, too.
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