Undue influence
A psychological process supplanting free will through manipulation.
Undue influence is a psychological process by which a person's free will and judgment is supplanted by that of another. It is a legal term whose strict definition varies by jurisdiction, generally referring to a means by which a person gains control over a victim's decision-making through manipulation and unfair pressure, typically for financial gain. Historically, undue influence has been poorly understood, even in some legal circles.
- field
- Psychology, Law
- known_for
- Psychological process of manipulation supplanting free will
- susceptible_populations
- Elderly, isolated, depressed, terminally ill, dependent individuals
- common_perpetrators
- Caregivers, fiduciaries, attorneys, accountants, nursing home attendants, children
- common_contexts
- Domestic violence, hostage situations, cults, prisoners of war, dictatorships
Lore & Background
Undue influence is a process, not a single event, often perpetrated by a trusted person upon a dependent victim. Perpetrators operate in shadow, enacting manipulation behind closed doors, and may spend weeks, months, or even years before succeeding. Anyone is susceptible, but the elderly are particularly vulnerable. Signs of undue influence in a victim may include withdrawal, depression, passivity, and physical signs of abuse such as unexplained bruising, scratches, or broken bones.
Reader's Guide
Undue influence is significant because it represents a distinct legal and psychological concept separate from capacity assessment. While capacity evaluates cognitive function at a moment in time, undue influence focuses on a process of events over an extended period. Its prevalence is expected to increase due to an aging American population with concentrated wealth, increased prevalence of cognitive disorders, and more complex, dispersed families. Legal malpractice claims in estate planning have risen, with undue influence now representing 12% of all legal malpractice claims, as third-party beneficiaries increasingly sue attorneys who executed wills later deemed products of undue influence.
Did You Know?
- Undue influence is a process, not a single event, and may take weeks, months, or years to succeed.
- Traumatic bonding may occur between victim and influencer, causing the victim to defend the perpetrator.
- Elderly Americans are living longer, and a significant concentration of wealth is controlled by this aging demographic.
- Legal malpractice in trusts and estates represents 12% of all legal malpractice claims.
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