Is Your Aging Client Being Seduced Away By Another “Advisor”? – From Aging Investor

From Aging Investor, for the discussion click on the following link, CLICK HERE.

An interesting discussion, on a topic that needs more coverage relative to investment advisors and persuasion or undue influence in general. Mental capacity, mental understanding, intent, persuasion and undue influence are common issues and themes in elder and dependent adult abuse, trust, estate and real property litigation. In my experience, it is very difficult to get a business to reverse a transaction or a sale after the fact on an argument that the elder did not and could not understand the transaction. All situations are different of course, but most likely you will have to file a lawsuit before the entity will really take you seriously. It can help if there are prior medical/psychological doctor or other professional evaluations or comments about lack of mental capacity or the inability to engage in transactions or to continue as trustee, or a prior established conservatorship in appropriate cases.

Dave Tate, Esq. (San Francisco Bay Area and California), http://californiaestatetrust.com

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