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What Can You Do if Someone Has...


What Can You Do if Someone Has Undue Influence Over Your Aging Loved One During a Divorce in Orlando, Florida?

What is Undue Influence? How do you know if someone has undue influence over a family member, or your loved one?

Do you have a loved one who is a senior citizen and elderly in the middle of a divorce proceeding in the Orlando, Florida area? Is your relative a vulnerable adult? Is your relative, or loved one someone easily influenced? Is he/she someone that a charlatan may easily financially exploit? Is there a person taking advantage of your loved one’s financial situation? Do your loved one or relative lack mental capacity? Is he/she emotionally and mentally susceptible to the undue influence of someone who can easily manipulate him/her? 

If yes, and your elderly relative trusts you, you should try to obtain a letter from the elderly relative’s treating physician to make sure that the elderly relative or loved one is competent to be handling his/her own affairs in this legal process. 

If there are competency issues, you may need to file a Guardianship proceeding to protected your loved one or family member from someone taking advantage of he/she in the divorce proceeding. 

If the court has declared your loved one incapacitated, then there are safeguards the court must follow before the court will allow that elderly person to get a divorce. This is to ensure that the divorce is best for your loved one or family member and that someone is not taking advantage of your loved one or family member. 

Also, you may need to check whether that person recently changed the beneficiaries in his/her will. Regarding undue influence in preparing a will; in the context of drafting a will, Florida precedents hold that three elements cause the undue influence presumption to arise: (1) the existence of a confidential or fiduciary relationship between the decedent and the procurer of a will; (2) the active participation of the procurer in the planning and drafting of the will; and (3) the realization by the procurer of a substantial benefit under the provisions of the will. In Re Estate of Carpenter, 253 So.2d 697 (Fla.1971); In Re Estate of Nelson, 232 So.2d 222 (Fla. 1st DCA (1970).

If you have more questions regarding the above-mentioned article, Marital and Family Law or Orlando, FL divorce matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client.

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