Dementia & Undue Influence | California Trust Attorney

Dementia & Undue Influence | California Trust Attorney

• July 23, 2021 - Elder Financial Abuse, Trust Litigation,

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse litigation in California’s largest urban areas. These cases often stem from acts against a vulnerable elder.

Dementia is often the source of the elder’s vulnerability. People with dementia are not always aware of their mental decline. Protective relatives and friends make their own denials. It’s hard to see a loved one going downhill.

Unfortunately, this can be a tragic cover for a person suffering the ravages of dementia. While not all dementia presents the same specific set of symptoms, there are common patterns.

The patient may say things like: “I can’t think properly.” “I can’t remember things.” “My head goes blank at times.” They may not remember where and when they were born.

Some live in the past, off of their old memories. Motor skills may fail. The same story may be repeated over and over – with the storyteller forgetting that he’d told it.

They can’t recognize their friends. They might even be unsure of their own name. There may be unfortunate acts of uncharacteristically violent behavior.

A person with dementia is vulnerable to being taken advantage of. A common act of exploitation is a family member or caregiver prompting the elder to change their trust.

The elder is lost in a demented world. The change may be an easy sell for someone who has lost their life bearings. Many times the trust change removes dependable family beneficiaries and replaces them with the abuser.

People don’t think that this happens often. I can tell you that it does.

Hackard law frequently litigates these cases in California’s probate and civil courts. If you’d like to speak with us about your case, call us at Hackard Law: 916 313-3030.

Hackard Law: Attorneys Making a Difference.