Law Offices of Alice A. Salvo - Woodland Hills Estate Planning Attorney

Start Your Solution. Schedule a Free Consultation Today.
818-676-9572

  • Home
  • Firm Overview
  • Attorney
  • Practice Areas
  • Questions And Answers
  • Seminars
  • Articles
  • Blog
  • Contact
  • Estate Planning
  • Wills
  • Powers Of Attorney
  • Health Care Directives
  • Trusts
  • Conservatorships
  • Elder Law
  • Medi-Cal Planning
  • Guardianships
  • Probate
Contextual
  • Estate Planning
  • Wills
  • Powers Of Attorney
  • Health Care Directives
  • Trusts
  • Conservatorships
  • Elder Law
  • Medi-Cal Planning
  • Guardianships
  • Probate
  • X Close

Are you a caregiver? Beware of undue influence

On behalf of Law Offices of Alice A. Salvo | Feb 17, 2019 | Heirs And Beneficiaries

If you care for a California resident, you undoubtedly take your job seriously, whether your patient is a family member or someone you were hired to care for. Not surprisingly, many patients develop a close relationship with their caregiver and wish to leave them “a little something” in their will. If your patient indicates that (s)he is thinking of doing this, however, be aware that someone may challenge the will if that “little something” turns out to be a major bequest.

As a state bar association recently pointed out, undue influence is a favorite ground when someone challenges a will. It means that the challenger alleges that you imposed your will on your patient and consequently (s)he left you a large bequest.

Undue influence red flags

If someone challenges your patient’s will on the grounds of undue influence, (s)he will likely allege that you did one or more of the following during your patient’s lifetime:

  • You isolated, or attempted to isolate, your patient from his or her friends and family.
  • You always answered your patient’s phone calls rather than letting him or her answer them.
  • You often told the callers that (s)he could not talk to them because (s)he was sleeping or otherwise unavailable.
  • You recommended that your patient’s friends and family stop visiting because (s)he found their visits upsetting.
  • When your patient’s friends and families visited him or her anyhow, you usually stayed in the room and often attempted to steer the conversation.
  • You gave your patient all of his or her medicines, thereby putting yourself in control of what medications (s)he received, when she received them, and the dosages thereof.
  • You paid all your patient’s bills and advised him or her about purchases and other financial matters in addition to providing him or her with physical care.

Keep in mind that even if you do some of these things for your patient, that does not mean that you are unduly influencing him or her. It could well mean that you are striving to make your patient’s life as comfortable and happy as possible. Nevertheless, should your patient leave you a large bequest, be prepared for a disgruntled family member to make a will challenge, especially if (s)he failed to receive the bequest (s)he believes (s)he was entitled to. But while you no doubt will find such undue influence allegations hurtful and uncalled for, also keep in mind that the person making them must prove his or her allegations in order to prevail in the will challenge.

This educational information is not intended as legal advice.

Subscribe To This Blog’s Feed

Categories

  • Blog (54)
  • Children with disabilities (2)
  • Conservatorship (10)
  • Estate Planning (224)
  • Executors And Fiduciaries (37)
  • Health Care Directive (6)
  • Health Care Directive And Power Of Attorney (6)
  • Heirs And Beneficiaries (57)
  • Long-Term Care (5)
  • Probate (21)
  • Probate And Estate Administration (47)
  • Social Security Disability (1)
  • Special Needs Trusts (38)
  • Trust Administration (34)
  • Trustees (37)
  • Trustees, Executors And Fiduciaries (6)
  • Uncategorized (75)
  • Wills (9)

Archives

Recent Posts

  • What are the Powers of a California Conservator?
  • Who Inherits in California When There is No Will?
  • What is the Difference Between Having a Will and Estate Planning?
  • Navigating the IEP process in California
  • What if I Can’t Find My Parent’s Will?
findlaw-network
Email Us For a Response

Contact Us

Office Location:

Law Offices of Alice A. Salvo
20350 Ventura Boulevard
Suite 110
Woodland Hills, CA 91364

Phone: 818-676-9572
Fax: 818-716-9275
Map & Directions
Review Us
Law Offices of Alice A. Salvo
  • Follow
  • Follow
  • Follow
Super Lawyers
Peer Review Rated

© 2021 Law Offices of Alice A. Salvo. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters