How to Prove Undue Influence and Mental Incompetence in Florida
When someone starts making strange decisions about their money, property, or legal rights, family members may worry that something is wrong. In Florida, legal action may be needed if a person is being taken advantage of or doesn’t fully understand what they’re signing. Issues of undue influence and mental competency often arise in cases involving wills, powers of attorney, or guardianship.
What Is Undue Influence?
Undue influence happens when someone uses pressure or manipulation to make another person do something they wouldn’t normally do. This often involves a caregiver, friend, or family member trying to get control of money or property. The person doing the influencing may isolate the victim, control access to information, or push them to change their will or sign over rights.
To prove undue influence in court, it usually helps to show:
The victim was in a vulnerable position.
The influencer had a lot of control or access.
The result was clearly in the influencer’s favor.
Florida courts look at who benefits from the change and how the relationship worked before and after the influence began.
How to Address Mental Incompetence
Mental incompetence means the person didn’t fully understand what they were doing. This could be due to dementia, illness, injury, or another reason. If someone signs a legal document while they are mentally incompetent, that document may not be valid.
Signs of incompetence include:
Trouble remembering names, dates, or facts
Confusion about money or bills
Sudden changes in behavior or personality
If you’re concerned about a loved one, you can seek a guardianship through the court. A guardianship gives a trusted person the legal authority to manage the person’s finances, health, and personal decisions. This can help prevent abuse.
You can also report concerns to the Florida Elder Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873) if you believe someone is being financially exploited.
Why This Matters for Families
When someone you care about is at risk, it’s hard to know where to turn. These situations affect people from all backgrounds and income levels. Families need to protect their loved ones without feeling powerless.
Undue influence and mental incompetence cases are not just about money. They’re about safety, fairness, and respect. Taking legal steps early can protect your loved one’s rights and stop abuse before it gets worse.
Contact The Law Office of William Robinson
If you suspect someone is taking advantage of your loved one, don’t wait. The Law Office of William Robinson can guide you through your options and help protect your family member’s future. Contact our office today to schedule a consultation.
