Undue influence

Undue influence is a psychological process where one person’s free will and judgment are replaced by another’s. It is a legal concept, and its exact definition varies by jurisdiction, but it generally describes how someone gains control over a victim’s decisions through manipulation and unfair pressure, often for financial gain. Historically, even within legal circles, undue influence has been poorly understood.

This process is typically carried out by someone the victim trusts and depends on for emotional or physical needs. Caregivers are common perpetrators, but anyone in a position of trust or authority—such as an attorney, accountant, nursing home attendant, or even a child—can be guilty. Undue influence is a gradual process, not a single event; a manipulator may spend weeks, months, or years working to gain control. Anyone can be susceptible, but the elderly are especially vulnerable. Perpetrators operate in secret, manipulating behind closed doors with no witnesses. A victim may become withdrawn, depressed, or passive. Physical signs can include unexplained bruises, scratches, or broken bones, as well as missing or broken dentures, eyeglasses, hearing aids, or other assistive devices.

A key distinction exists between capacity and undue influence. Assessing capacity involves evaluating a person’s ability to competently perform tasks, like executing a will or giving medical consent, at a specific moment. Screening for undue influence, however, focuses on the process of events over an extended period. Determining whether unfair tactics are being used requires a specific assessment for undue influence.

Undue influence occurs in various settings, including domestic violence, hostage situations, cults, prisoner-of-war camps, and dictatorships. The common thread is psychological manipulation. Traumatic bonding may develop between victim and influencer, leading the victim to defend the perpetrator. The effectiveness of cult tactics, such as love bombing, on young and healthy individuals shows that anyone, regardless of mental state, can become a victim under certain conditions.

Elderly Americans are living longer, and with increased life expectancy, age-related cognitive disorders are more common. This aging demographic controls significant wealth, making them targets for exploitation. Modern families are also more complex and dispersed. Given these factors, the number of will contests involving undue influence is expected to rise.

**Susceptibility**

Several factors increase a person’s likelihood of being manipulated:

- **Age** – Like with traditional scams, the elderly are especially susceptible. - **Isolation** – Family conflict, living alone, having no living relatives, or physical barriers like distance or communication difficulties. - **Terminal diagnosis** – A diagnosis like cancer causes stress and trauma, raising susceptibility. - **Depression** – Its effects are pervasive and can predispose someone to undue influence. - **Dependency** – When the victim relies on the influencer for companionship, transportation, housekeeping, food, water, medicine, and so on. - **Diminished mental capacity** – Mental decline, especially with aging, can make a person look to others to think for them. - **Substance use** – Illicit drugs, alcohol, or prescribed medication can impair judgment. Addiction may be leveraged, with the influencer withholding pain medication unless the victim complies. - **Recent bereavement** – The death of a spouse or child.

**Tactics**

Someone seeking to exert undue influence typically exploits their position of apparent authority. Common tactics include:

- Isolating the victim from family and support systems. Influencers often restrict access, supervise visits, refuse visitation, or deny requests to speak to the victim. If the victim has a medical appointment the influencer cannot attend, they may cancel or reschedule it. - Controlling the victim through sleep deprivation, overmedication, or refusing to administer drugs like naloxone or pain medication. - Moving into the victim’s home, changing the victim’s spending habits, making unexplained purchases, or using the victim’s credit cards. - Controlling the flow of information to distort the victim’s view of reality. This includes restricting phone and computer access, not answering calls or texts, and limiting visitors. When visits do happen, the influencer often stays nearby and tries to control the interaction. - Using emotional manipulation. Influencers tend to...