What is the law of someone having an elderly person in their 90's signing a new Will?

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I currently take care of my grandmother make all her doctor appointments, take her to the doctors, pay for her life alert etc. No one else helps another family member a nephew I have found out who visits once in a great while has talked her into giving him all her paper and redoing her will through his attorney. I have noticed that she is more and more getting confused and worried that they have talked her into doing this for thier own benefit. The family member does not know I have found out what has been done, what can I legally do to protect my grandmother from being scammed which she has already been several times which has led to me being on her checking account.

Answers 1 to 5 of 5
You could try hiring an attorney to write up a trust putting your grandmother's assets in the trust with you and her (or just you, if she would allow it) as co-trustee or trustee. The trust would stipulate the percentage of final assets that would go to you or any other family member. You don't have to go through probate with a trust. Once the trust is set up by the attorney, she and you would go to a bank or credit union and set up a trust account so that you both must sign off on any withdrawals (or you, if it is set up that way). If the trust is irrevocable, then no one, including her, could change it. When she dies, the money is divided according to the trust and that is the end of the story. You can add money to the trust anytime you want so if she gets a pension, that can be added in. Money and assets that are not included in the trust would have to go through probate once she dies but if that is nominal, even if a new will is drawn up by a dishonest family member, they won't get all of it. Check with a lawyer but this is a possible way to get your grandmother's wishes ironed out now and avoid a big problem later. Good luck!!
Top Answer
You file a complaint with the police for Undue Influence and Elder Financial Abuse and ask for an Order of Protection to keep this predator away from your Grandmother.
No attorney worth his/her salt would draw up a new Will, etc. without being face to face with the elder.... that way they can see the elders body language and see if whomever is in the room with that elder, such as the nephew [the elder needs to give permission for anyone else to be in the room] is demanding this or that.

If the elder at the meeting starts to sound confused, the meeting stops
and the attorney will say that no legal paperwork can continue or be signed by that elder.

Protector, do you by chance know who is your nephew's attorney? Maybe you can call and leave a message saying that Mrs. Smith has memory issues and that she might be having her Will changed under direst.
What do you mean that she's been convinced to "give him all her paper"? Do you mean her existing will, and any other estate planning documents?

I'm also confused how many people are attempting to influence your mother. You refer to "they" - did you mean the nephew and his attorney, or are there more family member involved attempting to influence your mother?

You mention she's been scammed before - was this by family members? If so, one attempt now is different from repeated attempts, which demonstrate a pattern.

Your screen name is well chosen!
another great question!

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