Undue influence occurs when a dominant person replaces their will for the will of a dependent and vulnerable person for their own personal gain. Money is usually the motive behind this type of abuse. And most commonly this type of abuse occurs with the elderly and disabled. This is because the elderly and disabled are more susceptible and vulnerable than others. A lot of times they rely heavily on others for daily assistance and are more trusting in nature. The relationship is more than just persuasion, it is a psychological control and the relationship holds many similarities to domestic violence. One of the key factors in gaining this type of control is by isolating the weaker person.
Identifying this abuse can be difficult, below are several examples of how this abuse may appear.
- The victim takes actions that are contrary to his or her previous habits, values or beliefs. This could be signing documents, changing estate plans, and the like.