The newspapers, especially in Florida, are filled with stories about family members and guardians taking advantage of the elderly. While that may receive all of the press, financial elder abuse by caregivers remains a major problem. To combat this problem, several states (most recently, Illinois) have enacted statutes appropriately making it more difficult for unscrupulous caregivers to extract gifts. These statutes create a presumption of fraud or undue influence for such gifts. They also create the possibility of liability and professional discipline for attorneys effectuating gifts that run afoul of these statutes.
