Undue vs. Due Influence/Capacity Issues

2014 Minnesota CLE Elder Law Institute, Minnesota CLE Conference Center, Minneapolis, MN

A discussion of the varying levels of capacity can help both seasoned professionals working with the aging population and those less experienced to understand, at least generally, the legal definitions of capacity, diminished capacity, and undue influence; the applicable burdens of proof, red flags, and suggestions on how to approach situations involving persons with limited capacity.