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Contact reponsibility and undue influence

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kencar

Junior Member
We live in Alabama but this question is regarding the laws as they apply in the state of Georgia.

This weekend we recieved a phone call from a "friend of the family" informing us that my wifes mother had passed away. Though we knew that she was not in good health it came as a complete shock.

Even more shocking was finding out that she'd had an operation Feb. 3rd to remove a cancerious growth at which time the surgeon discoved that it was inoperable and the cancer would be terminal.

First question: Is there a legal responsibility for a hospital or those handling the legal issues for a terminally ill individual to make a reasonable attempt to contact immediate family members of their loved ones condition?

Second and more important question: It appears now that the 'friend of the family' used undue influence to manipulate family, the termianlly ill person, as well as those around her to.

1. Limit access to the person.
2. Convince them that they were abandoned.
3. Alter last will and testiment.
4. Assign the "friend of the family" POA and executor of the estate.

This grazes over the high points but the bottom line is that my wife was not contacted till Saturday April 16th after her mother was dead that she'd been determined Feburary 3rd, of having terminal cancer. Her mother, during that course of time redid her will leaving EVERYTHING to the "Friend of the Family" while not attempting to contact my wife (the daughter) until hours after her mothers death.
 


divgradcurl

Senior Member
kencar said:
We live in Alabama but this question is regarding the laws as they apply in the state of Georgia.

This weekend we recieved a phone call from a "friend of the family" informing us that my wifes mother had passed away. Though we knew that she was not in good health it came as a complete shock.

Even more shocking was finding out that she'd had an operation Feb. 3rd to remove a cancerious growth at which time the surgeon discoved that it was inoperable and the cancer would be terminal.

First question: Is there a legal responsibility for a hospital or those handling the legal issues for a terminally ill individual to make a reasonable attempt to contact immediate family members of their loved ones condition?

Second and more important question: It appears now that the 'friend of the family' used undue influence to manipulate family, the termianlly ill person, as well as those around her to.

1. Limit access to the person.
2. Convince them that they were abandoned.
3. Alter last will and testiment.
4. Assign the "friend of the family" POA and executor of the estate.

This grazes over the high points but the bottom line is that my wife was not contacted till Saturday April 16th after her mother was dead that she'd been determined Feburary 3rd, of having terminal cancer. Her mother, during that course of time redid her will leaving EVERYTHING to the "Friend of the Family" while not attempting to contact my wife (the daughter) until hours after her mothers death.
You will need to contact a probate attorney in Georgia as soon as possible to discuss your options and, most likely, contest the will.
 
S

seniorjudge

Guest
kencar said:
We live in Alabama but this question is regarding the laws as they apply in the state of Georgia.

This weekend we recieved a phone call from a "friend of the family" informing us that my wifes mother had passed away. Though we knew that she was not in good health it came as a complete shock.

Even more shocking was finding out that she'd had an operation Feb. 3rd to remove a cancerious growth at which time the surgeon discoved that it was inoperable and the cancer would be terminal.

First question: Is there a legal responsibility for a hospital or those handling the legal issues for a terminally ill individual to make a reasonable attempt to contact immediate family members of their loved ones condition?

Second and more important question: It appears now that the 'friend of the family' used undue influence to manipulate family, the termianlly ill person, as well as those around her to.

1. Limit access to the person.
2. Convince them that they were abandoned.
3. Alter last will and testiment.
4. Assign the "friend of the family" POA and executor of the estate.

This grazes over the high points but the bottom line is that my wife was not contacted till Saturday April 16th after her mother was dead that she'd been determined Feburary 3rd, of having terminal cancer. Her mother, during that course of time redid her will leaving EVERYTHING to the "Friend of the Family" while not attempting to contact my wife (the daughter) until hours after her mothers death.
Div answered the second question, so I will answer the first:

Q: First question: Is there a legal responsibility for a hospital or those handling the legal issues for a terminally ill individual to make a reasonable attempt to contact immediate family members of their loved ones condition?

A: No.
 

Dandy Don

Senior Member
How can you expect the hospital to contact you when no one even gave them information on how to do so? You were lucky to get the phone call from the "family friend".

Also need to have your attorney looking into whether your state has laws against elder financial abuse/abuse of power of attorney.

Did mom have the assistance of an attorney when redoing her will or not?

DANDY DON IN OKLAHOMA ([email protected])
 

kencar

Junior Member
Mom's attorney redid the will according to her stated wishes. However, the undue influence was on the part of the 'friend of the family' and we believe that she persuaded her to assign her as the sole heir.

Our feeling is that the life mate should have been given the home, however the 'friend of the family' used her undue influence to issolate mom. The mechanics with which this was done were extensive.

We also believe that examination of the credit card accounts will show that they were used while mom was confined to a hosptial bed and could not have used her.
 

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