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What is easier to prove: elder incompetence and bordering poor judgement (elder will not submit to psychological testing/ have recordings of issues/ history of spousal abuse/ caretaker records of incompetence/ only tested by doctor for quick 27 question/ still can drive yet does hit and run accidents/ financially still over affairs & pays bills late/ son only over medical POA / "other" son broke Hippa hospital laws and made changes to healthcare/ gets rid of caretakers/ homicide implications on deceased husband/ adult protective services does nothing/ police says shes a 97 year old woman[actress] what could she possibly do). Undue influence by a relative who takes over during death and made a bogus restraining order/ false accusations/ elder abuse/ his shady "new" attorney & Living Trust, or challenging the new trust with existing living trust with changes made because of not being of sound mind and husband deceased.

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Landmanpro, I'm totally confused by your question.
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I ask the same question as CountryMouse. You make a lot of serious allegations; on what basis are these made? And what is your goal? Financial, legal control?

I'm especially confused about your allegation of:

"Undue influence by a relative who takes over during death and made a bogus restraining order".

Is the person in question dead or alive?

And Pam has already addressed the issues of proof.
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Setting aside for a moment the question of what is easier to prove, I'd like to understand what you're trying to achieve?
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A person is considered competent until a Judge in the Surrogate's Court declares them incompetent. Opinions of the POA or any relative or caretaker are of no particular value in a competency hearing, but the findings of the court appointed psychiatrist are.
Implications of homicide are fantasy unless the coroner says otherwise and the grand jury agrees a warrant should be issued.
As far as HIPAA goes, doctors and hospitals have to maintain privacy, but relatives can blab all they want to anyone they choose.
Relatives do not make restraining orders, Judges do, based on sworn testimony and factual hard evidence.
Challenging a Trust is the most complicated and expensive, since both sides will have to hire lawyers at about $400 per hour.
Did I cover all the items?
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