An Ohio Grand Jury recently indicted a woman of kidnapping, abduction, theft, and fraud. Even more shocking is that the charges are based upon the defendant’s allegedly holding her mother against her will at her home and coercing her to sign a power of attorney and change her Will. Other family members allege the mother was determined by her physician to suffer from dementia and was not capable of making her own decisions. You guessed it – the family estate is worth millions. After taking her mother, the daughter isolated her from seeing anyone else for approximately two years.
If the mother did not have the requisite capacity when she executed her new documents, then they can be found to be invalid. Alternatively, even if she had the capacity the documents could be set aside if undue influence can be established. Unfortunately, this family did not need to wait years to take action.