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.

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