Wednesday, November 12, 2008

A Last Will and Testament is not Adequate

Dr. Irwin Weiss MD , Why?

Because existing laws do not adequately protect such individuals against other persons (typically family members and lawyers) who would wrongfully exploit their diminished mental capacity so as to influence them into signing new wills or other legal documents, including codicils, deeds, and trusts.

Basic facts:* The more infirmed one is, the more susceptible one is to fraud, undue influence, and other wrong doing.* Fraud involves deception* After a person dies, it is too late to question him about suspicious documents signed under unusual circumstances.

Page 9 of the Ohio Physicians' Elder Abuse Prevention Project Report explicitly notes* older adults are particularly vulnerable to this type of mistreatment, and* financial exploitation should be considered if the patient has suddenly transferred assets to a family member.

Related: When this this become acceptable behavior in the U.S. of America?

When There is a Will

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