Undue influence is a serious issue that can undermine the intentions of vulnerable individuals in guardianship or estate planning situations. This type of manipulation occurs when someone uses pressure, coercion, or deception to influence another person’s decisions regarding their assets, healthcare, or legal arrangements. Often targeting elderly individuals or those with diminished capacity, undue influence can result in unfair outcomes that favor the influencer at the expense of others. Identifying the warning signs and understanding how to address undue influence is essential for protecting your loved ones and ensuring their wishes are honored.
Undue influence arises when a person uses their position of power, trust, or authority to exploit a vulnerable individual for personal gain. This form of manipulation often involves isolating the victim, exploiting their dependency, and exerting control over their decision-making process. The impact of undue influence can be profound, affecting wills, trusts, powers of attorney, and other legal documents.
For example, a caregiver might pressure an elderly person into rewriting their will to leave the majority of their estate to the caregiver, even though this contradicts the individual’s long-standing intentions. Courts take allegations of undue influence seriously because they erode trust in legal processes and often harm the intended beneficiaries.
Detecting undue influence can be challenging, as it often occurs behind closed doors. However, there are several red flags that families and advisors should watch for in guardianship or estate cases:
One of the clearest signs of undue influence is a sudden or dramatic change to a will, trust, or power of attorney. This is particularly concerning when the changes deviate significantly from previously expressed wishes or disproportionately benefit a single individual. For instance, if a person who once divided their estate equally among their children suddenly disinherits them in favor of a new acquaintance, it may signal undue influence.
Influencers often attempt to isolate their victims from family, friends, or trusted advisors. By cutting off these supportive relationships, they can create an environment where the victim feels reliant on the influencer for guidance and support. Isolation is a powerful tool for controlling vulnerable individuals and suppressing dissenting opinions.
When a loved one begins making decisions that seem out of character—such as giving away large sums of money, transferring property, or signing complex legal documents without understanding their implications—it may be a sign of undue influence. These actions often reflect the influencer’s agenda rather than the victim’s true intentions.
Undue influence frequently occurs when the victim relies heavily on the influencer for care, companionship, or financial assistance. This dependency creates an imbalance of power, making the victim more susceptible to manipulation. The influencer may exploit this dynamic by presenting themselves as indispensable while steering decisions in their favor.
If a person begins excluding long-time advisors, such as attorneys or financial planners, or avoids interactions with close family members, it could be a sign that they are being influenced. This behavior often coincides with the influencer taking control of communications and decision-making processes.
When undue influence is suspected, swift action is necessary to protect the vulnerable individual and their estate. Here are the steps you can take to address the situation effectively:
Begin by keeping a detailed record of any concerning behaviors, changes in legal documents, or interactions with the suspected influencer. This documentation may include notes about unusual financial transactions, altered wills, or instances where the individual appears coerced or confused. Photos, emails, and witness statements can also serve as valuable evidence.
Engage with trusted advisors, such as attorneys, financial planners, or healthcare providers, to evaluate the situation and provide guidance. These professionals can help identify potential instances of undue influence and suggest appropriate steps to address it.
If the individual’s mental capacity is in question, a medical evaluation can determine whether they have the ability to make informed decisions. Courts often rely on capacity assessments to assess whether undue influence occurred during the execution of legal documents.
Consult an experienced attorney to explore your legal options. In cases of undue influence, it may be necessary to challenge the validity of wills, trusts, or other documents in court. An attorney can guide you through this process and advocate for the individual’s best interests.
When courts review allegations of undue influence, they consider several factors to determine whether manipulation occurred. These factors include:
If undue influence is proven, courts may invalidate the affected documents, appoint new guardians, or impose other measures to safeguard the individual’s interests. These outcomes aim to restore fairness and honor the victim’s original intentions.
While addressing undue influence after it occurs is critical, taking proactive steps to prevent it is equally important. Here are some preventative measures:
These steps can help create a framework that protects vulnerable individuals from exploitation and ensures their wishes are carried out as intended.
Undue influence poses a significant threat to the integrity of guardianship and estate planning. By recognizing the signs of manipulation and taking proactive measures to address it, families can protect their loved ones and preserve their intentions. When concerns about undue influence arise, consulting experienced legal professionals is essential for resolving disputes and safeguarding the rights of vulnerable individuals.At the Law Offices of Daniel McGowan, we specialize in addressing issues of undue influence, incapacity, and guardianship disputes. Contact us today to discuss your concerns. Our dedicated team is here to provide expert guidance and ensure your family’s best interests are protected.
A recent study published in the Journal of Elder Abuse & Neglect- Developing an Undue Influence Screening Tool for Adult Protective Services, ultimately resulted in a comprehensive practical evaluation guide for estate planning attorneys and elder abuse investigators and concerned family members. In this screening tool and its instructions are definitions of undue influence and the list of "signposts" and "red flags" recognized by Judges and Juries in Courts across the country when faced with probate cases involving claims of undue influence.
For an excellent presentation of useful tools for stopping financial exploitation of the elderly, Dr. Bonnie Levin, Ph.D, University of Miami The Exploitable Brain: Clues to Prevent Exploitation of the Elderly.
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