Elder abuse has been called "the crime of the 21st century." Undue influence is a form of financial elder abuse, with a large number of unreported cases and an estimated $1.17 billion in damages being just the tip of the iceberg.
Nationally recognized probate, estate and trust law attorneys Sandra D. Glazier, Thomas M. Dixon and Thomas F. Sweeney have combined their decades of expertise and experience to literally write-the-book on undue influence and vulnerable adults. Published by the American Bar Association’s Section of Real Property, Trust and Estate Law, Undue Influence and Vulnerable Adults addresses both the role and the importance of the attorney when representing a vulnerable adult.
The book’s authors, each who commands extensive experience in this area, offers strategies and considerations during the estate planning process and thereafter should litigation be required. Available in paperback or eBook, this book is scheduled for release February 22, 2020. For pricing and to place an order please visit www.americanbar.org/products/inv/book/392767696.
Described as required reading for any attorney, this new book helps readers to identify factors that may indicate an individual is vulnerable to undue influence and to understand options that might be available to the client while they are still competent and able to address issues of capacity and vulnerability that may arise in the future.
In addition, the authors provide strategies from a litigation perspective on handling efforts to invalidate as well as defend instruments claimed to be the result of undue influence.
Here’s what industry experts have to say about this book:
“As the authors point out, ‘When the consequences of mistreatment go beyond financial loss and can trigger a downward spiral leading to loss of independence, serious complicating illness, and even death,’ you clearly need to know more about your ethical, legal, and duties toward those of diminished mental, emotional, or physical capacity…exceptionally well-written, comprehensive, well-cited, and highly practical.” - Stephan R. Leimberg, Publisher of LISI (Leimberg Information Services, Inc.)
“An excellent resource. This book warns of significant red flags, hazards and pitfalls that can upset estate plans when the planner is not cognizant of the ways an estate plan can be challenged. It is a thorough presentation of the critical issues that can be expected to arise in estate litigation and recites all the issues I saw during my 25 years as a probate judge handling challenges to estates. It would have been helpful to me if this book had been written while I was still hearing cases.” - Hon. Milton L. Mack, Jr., Michigan State Court Administrator; previously the Chief Judge of the Wayne County Probate Court.
“As financial abuse reaches epic proportions, Undue Influence and Vulnerable Adults is required reading for every attorney. From practical advice about protecting vulnerable clients to valuable tips to safeguard your practice, this book is a must-read from top practitioners whose prowess I have had the privilege of witnessing first-hand.” – Sharon L. Klein, President, Family Wealth, Eastern US Region, Wilmington Trust, N.A.
This book walks readers through the key issues attached to representing vulnerable adults:
- Chapter 1: Ethical Considerations When Representing Vulnerable Adults
- Chapter 2: To Understand Undue Influence, One Needs to Understand Capacity
- Chapter 3: What Is Undue Influence?
- Chapter 4: Evidence of Undue Influence
- Chapter 5: Fraud and Duress Are Different Than Undue Influence
- Chapter 6: The Presumption of Undue Influence
- Chapter 7: Rebutting the Presumption
- Chapter 8: No-Contest Clauses and the Importance of Probable Cause
- Chapter 9: A Litigation Perspective
- Chapter 10: Using Experts and Understanding the Medical Evidence
- Chapter 11: The Attorney-Client Privilege
- Chapter 12: Video Recording, Electronic Wills, and Remote Witnessing and Notarization
About the Authors
Sandra D. Glazier is an equity shareholder at Lipson Neilson PC, Bloomfield Hills, Michigan. She concentrates her practice in probate litigation, estate planning and administration, and family law. Sandy not only actively practices in these areas; she’s also been engaged to act as a testifying or consulting expert. She also has served as a mediator in probate and family court cases. Sandy is a nationally recognized author in legal publications. She presents nationally on issues such as undue influence, ethical duties to vulnerable adults, defending fiduciaries, and the attorney-client privilege.
Thomas M. Dixon is an experienced trial lawyer, and he heads Clark Hill, PLC’s Litigation Practice Group firmwide. Tom specializes in will, trust, estate, and probate litigation. He has litigated cases involving wills, trusts, and probate estates, including cases involving claims of undue influence, lack of testamentary capacity, fraud, and duress. Tom has represented banks and other institutional fiduciaries, individual fiduciaries, families, other trustees and personal representatives, and beneficiaries in cases involving claims of fraud, negligence, and breach of fiduciary duty.
Thomas F. Sweeney was formerly a member of Clark Hill, PLC, in its Michigan offices. He now serves as counsel to the firm and focuses on estate planning, trust administration, and trust dispute resolution. Tom has presented at numerous estate planning and estate and trust administration forums in Michigan and other venues. He has lectured at the University of Michigan Law School and was an adjunct faculty member at Wayne State Law School, where he taught estate, gift, and generation-skipping taxation.
For pricing and to place an order please visit www.americanbar.org/products/inv/book/392767696.