Health Care Agent Was in Confidential Relationship

The niece of the decedent who acted as the decedent’s health care agent and was the sole emergency contact listed for the decedent in the hospital’s medical records, and who also prepared the will for the decedent to sign which named the niece as sole beneficiary, was in a confidential relationship with the decedent for purposes of proving undue influence.  The testimony of the decedent’s physician that he was suffering from “persistent confusion, forgetfulness, and disorientation” was sufficient evidence of a weakened intellect.  Laughman Estate, 8 Fid.Rep.3d 242 (Adams Co. O.C. 2018), aff’d, 555 MDA 2018 (Super. Ct. 10/10/2018).

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