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Undue influence is a psychological process that may be used against an older person as a means of committing two forms of elder abuse: financial exploitation or sexual abuse. Undue influence is also a legal concept.
Apr 28, 2017 · When an elder’s estate or trust is suddenly changed without explanation to produce an unjust outcome, an unscrupulous family member, caretaker, or other individual could be committing elder financial abuse, with the means of coercion known as undue influence.
Undue influence has roots as a common law cause of action to challenge estate and gift transfers and is increasingly being recognized as a form of elder abuse and a cause of action in financial exploitation cases.
The new definition took effect January 1, 2014, and affects probate matters such as conservatorships, wills, and trusts. The new definition was also placed in the state’s Welfare and Institutions Code, addressing the financial abuse of an elder or a dependent adult.
May 30, 2017 · Elderly individuals are increasingly vulnerable to undue influence, a form of psychological abuse manipulating their trust and vulnerabilities for personal gain. Legal responses and tools are evolving to address and identify this issue, highlighted by cases like the Brooke Astor situation.
Defrauding someone who is elderly, or just plain stealing, is one form of elder abuse. Another, in the world of estate planning, is to exert what lawyers call "undue influence" on a vulnerable person. One classic example of undue influence is getting an elderly person with dementia to change their will and leave assets to the manipulator.
Apr 8, 2021 · When a state or federal court is making a decision for whether an elder was caught under the undue influence of another person, the victim’s vulnerability will always be taken into account. These are measured by key factors such as age, sickness, isolation, injury and financial dependence.
Undue influence is a psychological process that may be used to commit two forms of elder abuse: financial exploitation or sexual abuse. Undue influence is also a legal concept. It undermines self-determination and may justify reversal of decisions made by the victim.
Undue influence means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:
A common method of perpetrating FE is through imparting undue influence (UI), behaviors that supplant one or more of a vulnerable OA’s vital decision-making capacities (DC) with the perpetrator’s, or what has been legally referred to as “will substitution” (Plotkin et al. 2016 ).
