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By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer
If it is found that an elderly person does not have sufficient mental capacity, then the gift made by the elderly person can be challenged in court. An elderly person may give a gift to someone whom is not approved by the children of the elderly person, thus they may want to challenge the gift.
It is important that there is a plan for when the elderly person is found to be without capacity. Legal instruments such as Power of Attorney are useful in preventing cases where the elderly person gives a gift out of mistake. In New Jersey, anyone over the age of 18 can be given power of attorney.
Many people do not make plans for incapacity, and how to be cared for in these cases. Thus, when an elderly person lacks the capacity to make decisions, the person may not be in a legal position to have their needs met by another trusted person in their family. It is thus easy for an elderly person to be able to make a gift out of mistake without realizing the consequences of doing so, especially when he or she is incapacitated.
An elder law attorney who deals with these issues regularly, and is experienced in doing so is useful in these cases. The legal system is complex, and help from an elder law attorney will make it much less complex. If you feel that you may have a viable case, then you should contact our law firm so an elder law attorney can consult with you as soon as possible to avoid any potential legal complications with this matter.