A growing segment of the U.S. population is over 65 and at greatest risk of suffering from some type of cognitive impairment. Estate planners must be prepared to deal with the unique issues surrounding a vulnerable adult client. Protect your clients themselves from undue influence and protect their estate plan from undue influence challenges:
- Assess capacity for different estate planning instructions
- Recognize the circumstances that can give rise to an undue influence challenge
- Document that an instrument is not the product of undue influence
- Analyze the use of a no contest clause or other options