This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity.  To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease.  Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.

We posted over 100 blog articles in 2011.  While we enjoy writing each of them, there are a few favorites we have over the course of the year.  Each of the posts that made our top 11 list was also very popular with readers based on comments and feedback we received.  Here is a list

Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust.  And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial.  In this vide, Keith A. Davidson discusses how both concepts can be

People influence others every day, and most types of influence simply persuades a person to make a certain decision–where to eat, what to buy, who to like, you get the idea.

Sometimes influence can get out of hand and become “undue.”  What separates normal influence from undue influence?  Simply put, undue influence is coercion.  It