Capacity and Vulnerability to Elder Abuse

Presenters:
Daniel Marson, J.D., Ph.D., Department of Neurology at the University of Alabama at Birmingham (UAB)
Erica Wood (center), Asstistant Director, American Bar Association Commission on Law and Aging
Lori Stiegel, J.D., Senior Attorney, ABA Commission on Law & Aging

Incidences of elder abuse, exploitation, or other forms of mistreatment of older adults by family members, friends and other trusted adults, are on the increase. Uncovering and remedying elder abuse or exploitation often involves determining what an older person that may be experiencing cognitive decline understands or understood in the past. For example, signing a contract or other legal document which transfers significant legal rights may constitute exploitation if the person did not fully understand the transaction or comprehend the implications of what they were doing. This webinar will discuss the legal standards of capacity necessary for valid transactions involving wills, contracts, Powers of Attorney, and guardianship or conservatorship. Diminished cognitive capacity may contribute to an older adults vulnerability to undue influence and other instrumentalities of elder abuse and exploitation. The speakers will discuss cognitive capacity, consent and undue influence.

Additional sponsorship for these Webinars were provided by a grant from the Administration for Community Living. This webinar is part of a series of National Elder Rights Training Project webinars for the National Legal Resource Center.