What is undue influence?
Undue influence is when an individual who is stronger or more powerful gets a weaker individual to do something that the weaker person would not have done otherwise.
What is undue influence? A stronger person uses various techniques or manipulations over time to gain power and compliance.
Undue influence can be wielded in one-time events. An example would be a discussion of transaction at an unusual or inappropriate time for example with a widow with recent bereavement someone says” let’s you sign your stock over to me”. There might be a consummation of a transaction in an unusual place like a funeral home. A person applying undue influence might insist or demand that business be finished at once. Multiple persuaders against a single vulnerable person might use undue influence. It might occur when there is an absence of third party advisors, Undue influence can occur when a perpetrator states that there is no time to consult financial advisor’s or attorneys
Undue influence can be used by totalitarian groups, both religious and non religious. An example of this is the mass death at Jonestown
It can be put forth by, especially, existing or cultivated, close and personal relationships. It can be used in fiduciary relationship like an executor, attorney, or accountant
It can be brought to bear in a non –fiduciary relationship like, clergy, housekeeper, gardener, and physician.
The number one villain in undue influence is family , the group most trusted by elders
There is a common denominator of financial exploitation of elders
Undue influence is most common on trusting relationships of long duration (nephew moves in the help elderly aunt and then takes over stock and changes will)
It many times is perpetrated by cultivated by people who are opportunistic
Undue influence can be exerted by someone Isolates the elder, promote dependency, or induce fear and distrust of others. This after happens with sweetheart scams – where a younger woman marries a much older man wealthier who she takes financial advantage of.
What should a GCM or aging professional do? First meet the client alone.
Few admit because afraid of caregiver abandonment or further abuse
If you work for an agency you should meet supervisor and report the abuse