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Abstract: 

Ruby S.’s case is a classic example of elder abuse: exploiters using undue influence over a short period of time to be named agents in a victim’s power of attorney and sole beneficiaries of the victim’s last will and testament. The guardianship court’s response seemed appropriate—revoke the power of attorney and declare the will invalid. However, the court’s action regarding the will was contrary to established law in many jurisdictions, law that results in financial exploitation following a victim to her grave. This column examines that law and considers the unsettling results of its application.

Keywords: Guardianship; Pond v. Faust; Ullman v. Garcia; Whitley v. Craig; Winns v. Cummings

Affiliations:  1: New York State Law Revision Commission .