In a recent decision in In re Ruby Slater,[1] the Queens County Supreme Court vitiated a will drafted by an attorney whose actions were described as the “epitome of improper conduct” that “borders on criminal.” This case is remarkable not only for the outrageous conduct of the attorney at issue, but also for highlighting the important role elder law attorneys play in protecting their clients from abuse. The facts of this case, described by the court as “some of the most incredulous and disturbing testimony this court has ever heard,” were as follows:

Ruby Slater received the services of two home care attendants during the period of 1997 through 2000. In early 2000, one of the home care attendants retained an attorney for the purpose of drafting a power of attorney for Ms. Slater. Ms. Slater executed this power of attorney on May 13, 2000 and named Ms. Slater’s upstairs tenant as agent. In July 2000, the services of the two home care attendants were terminated. The attendants, however, continued to visit with Ms. Slater.