Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation, Austin Probate Bar Association

05.20.22

Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This presentation covered the general authority for proving an undue influence claim; the burden of proof associated with that claim; undue influence in the context of fraud and relationship poisoning; acceptance of the benefits estoppel defense to will contest claims; statutes dealing with the duty to report exploitation owed by financial institutions, registered investment advisors, and broker/dealers; the new power of attorney statutes and how they interact with the duty to report exploitation; and relevant criminal law statutes, including the new crime dealing with financial exploitation of the elderly, that deal with financial abuse and the duty to report same.

View Paper

View PowerPoint

Media Contact

Stephen Hastings
Director of Communications & Media Relations  
713.650.2485 Direct
832.343.4228 Mobile
shastings@winstead.com

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top