Elder Financial Abuse - Proving Mental Incapacity
October 8, 2008
Proving that an elder suffered from some form of mental incapacity is a key element in winning an elder financial abuse case. There are many ways in which mental incapacity can be shown.
A critical factor to keep in mind is that the elder's incapacity must have existed at the time the abuse took place. Often, an elder abuse attorney is contacted by an elder's family members regarding an abuse that took place several years ago. The family describes how the elder currently suffers from short or long term memory loss, is forgetful and unable to remember to pay bills, keep doctor's appointments, or take medications on time.
While important, this does not prove that the elder lacked the requisite mental capacity at the time the alleged abuse took place. Dementia and Alzheimer's disease are progressively worsening conditions and increase over the years. It is also true that someone suffering from some stage of dementia may be of relatively sound mind during certain periods of the day, and not at other times.
Proving mental incapacity at the time of the alleged abuse can be accomplished by presenting different forms of evidence - the totality of the circumstances - that, taken together, prove that the elder had diminished capacity and was susceptible to undue influence and financial abuse.
Abridged
SOURCE: Harticles Blogspot
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