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Financial Abuse of the Elderly

Let's discuss an interview protocol which has been proposed to prevent individuals suffering debilitating infirmities from being financially exploited at the time they execute wills, deeds, trusts, POAs and other important legal/financial documents -- and also prevent the ruinous litigation which often results under such circumstances.

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    Tom FieldsTom Fields shared this idea  ·   ·  Flag idea as inappropriate…  ·  Admin →

    3 comments

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      • Dianne CassellDianne Cassell commented  ·   ·  Flag as inappropriate

        I agree with the protocol set forth by Tom Fields dated January 11, 2012
        om Fields commented · January 11, 2012 · Flag as inappropriate

        This protocol is based upon the following five steps
        • STEP 1: Use a checklist to identify those situations which require the rest of the protocol to be followed
        • STEP 2: Ask the transferor open-ended questions to learn what business, if any, he wants or expects to conduct at this time
        • STEP 3: Ask the transferor to provide details about what he expects the document to include
        • STEP 4: Ask the transferor questions which others might reasonably want to ask if they were present, including questions about the transferor’s understanding of the suspicions that his signing the document might raise and the transferor’s ability to address those suspicions
        • STEP 5: Explore potential conflicts between the transferor’s expectations and the content of the document

        See “Testamentary Capacity: History, Physicians’ Role, Requirements, and Why Wills Are Challenged”, Ryan C.W. Hall, MD, Richard C.W. Hall, MD, Wade C. Myers, MD, and Marcia J. Chapman, Clinical Geriatrics June 2009, pages 18 – 24, especiallyTables III and VII, which identify situations for which the proposed interview protocol would require an independent examiner to ask questions like those which are spelled out by Table VIII

      • Tom FieldsTom Fields commented  ·   ·  Flag as inappropriate

        This protocol is based upon the following five steps
        • STEP 1: Use a checklist to identify those situations which require the rest of the protocol to be followed
        • STEP 2: Ask the transferor open-ended questions to learn what business, if any, he wants or expects to conduct at this time
        • STEP 3: Ask the transferor to provide details about what he expects the document to include
        • STEP 4: Ask the transferor questions which others might reasonably want to ask if they were present, including questions about the transferor’s understanding of the suspicions that his signing the document might raise and the transferor’s ability to address those suspicions
        • STEP 5: Explore potential conflicts between the transferor’s expectations and the content of the document

        See “Testamentary Capacity: History, Physicians’ Role, Requirements, and Why Wills Are Challenged”, Ryan C.W. Hall, MD, Richard C.W. Hall, MD, Wade C. Myers, MD, and Marcia J. Chapman, Clinical Geriatrics June 2009, pages 18 – 24, especiallyTables III and VII, which identify situations for which the proposed interview protocol would require an independent examiner to ask questions like those which are spelled out by Table VIII

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