It proves that elderly people suffering from some form of mental capacity disability are important elements in the case of aged financial abuse. There are many ways to show mental incapacity.
An important factor to be aware of is that the lack of capacity of elderly people must be achieved at the time of abuse. In many cases many years of abusive attorneys are contacted by families of the elderly regarding abuse done several years ago. Families are suffering from short-term or long-term memory loss, forget, can forget to pay the invoice, keep the doctor's schedule, or take medicine on time.
It is important, but this does not prove that the elderly lack the necessary mental abilities when abuse occurred. Dementia and Alzheimer's disease deteriorate and increase year after year. Someone suffering from a stage of dementia may have a sound mind that is trustworthy for a certain period of one day and may not be the case at other times.
To prove that there is no spiritual abilities at the time of suspicion of abuse can be achieved by presenting various evidences - the evidence, together with the elderly declining abilities, with excessive influence and Prove that it is susceptible to financial abuse.
Medical records that record the spiritual problems of elderly people in the middle of abuse are often one of the important evidences. However, collecting medical records is not necessarily useful. The elderly may be suffering from serious memory loss at the time of doctor's examination, but the reservation was done to deal with the symptoms of influenza, and the record is limited only to that medical problem There is a possibility.
Witnesses such as family members and friends can testify on their observations about the mental abilities of the elderly when there is doubt about abuse. These witnesses are not psychiatrists or psychologists, but you can ask the jury about personal statements on the behavior of the elderly and statements of the elderly reflecting the lack of understanding and forgetting.
There may be a police record that recorded that the elder was found in his car and did not remember how to lose and go home.
The Adult Protection Service (APS) reports from stakeholders or friends that the elderly is roaming from home or that the elder is leaving home or not responding to the phone at a time for several weeks You may have received it. APS officials conducted a survey, interviewed the elders, wrote a report that reported the fact that the elder had lived in a non-hygienic state with little or no food in the refrigerator and financial Or health issues.
In California, Subject Code Section 811 provides a type of checklist applicable to medical / psychological experts in assessing mental abilities. The purpose of this checklist is not simply to determine whether an elderly lacks capacity in any particular area of mental function, but rather if a specific mental deficit occurs when financial abuse is suspected , To determine whether it will adversely affect the ability of the elderly to resist fraud and excessive effects.
All of these factors can provide sufficient evidence under the law that the elderly became mentally incapacitated and thus underwent financial abuse.
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