By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer
If it is found that an elderly person lacks capacity to understand whether or not a gift should have been made, then the gift can be challenged in court.  This can be difficult, as the court will have to determine that the elderly person lacks capacity.

In New Jersey, anyone at least 18 years old can be given a power of attorney over the finances of an elderly person.  The power of attorney can be either limited or broad, depending on how much control the person wants to give to the other.  An attorney can assist in writing a power of attorney document.  The important thing to consider with a power of attorney document is that specific circumstances must play out in order for a power of attorney to take in effect.

Just because there is someone with power of attorney does not necessarily mean that the elderly person loses all decision-making ability over his/her property.  However, in cases where there is power of attorney and the elderly person makes a gift out of incompetence, the gift can be challenged in court.
Also, the original power of attorney agreement can, if properly written, still be in effect if the elderly person is found to be incompetent.
Navigating the court system in cases of elder incapacity is challenging and frustrating.  The right attorney can help you in these complex cases.   There are many different factors in play as to whether or not the elderly person is considered to be incompetent, thus an experienced attorney can assist you with this.

Contact me personally today to discuss your elder matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at