The Stages of Undue Influence

 

 

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UNDERSTANDING THE STAGES OF UNDUE INFLUENCE

 

Assuming that there is a care-giver (family member or neighbor) or other person meeting the profile of a potential abuser who encounters an older person who is dependent on others for their care, how does the abusive relationship actually develop? Based on the above-cited study of Michael J. Tueth, M.D., financial exploitation generally develops in certain stages:

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The perpetrator (whether an "opportunist" or "predator") first recognizes that the elderly person is impaired and vulnerable. This observation may be based on the older person’s physical and/or mental deficiencies in vision, memory, speech, hearing, or mobility.
 

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The perpetrator next secures the victim’s trust and confidence by being friendly, considerate, and helpful. (If there has been a long-standing relationship between the parties, this trust may already be present.)
 

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As the victim grows to place their trust and confidence in the perpetrator, the perpetrator begins to isolate the victim from contact with other people (friends, relatives, attorney, clergy, etc.) who may have been helpers in the past, or whose influence might interfere with that of the perpetrator.
 
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In the more obvious cases, phone calls are screened, mail is checked, and attempts by others to visit the victim are discouraged or conducted only in the presence of the perpetrator.
 

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Purposeful isolation of the victim is frequently the best indicator of undue influence. Oftentimes the victim is already living alone and generally removed from contact with outsiders, due either to physical limitations or a psychological fear of leaving the confines of home, and the perpetrator further reinforces their isolation.
 

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The perpetrator can create a warped sense of reality in which the victim learns to regard all others with fear and mistrust. For example, the perpetrator will convince the victim that everyone else is interested only in selling their home, taking their money, and then dumping them in a nursing home.
 

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Gradually the victim transfers all of their affection to the perpetrator. The victim will even lie about their condition to keep away family, friends, the police, or an investigator from the Area Agency on Aging's Protective Service Program.
 

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At this stage perpetrators will begin to manipulate the victim through acts of intimidation and threats, e.g., withholding food or medicine, or ceasing any further contact, unless the victim agrees to deed over their home or execute a new will that benefits the perpetrator.
 

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The victim’s long-time attorney and other advisors may be replaced at this point by unscrupulous or naive professionals who are chosen by the perpetrator to change the victim’s estate plan to benefit the perpetrator.
 

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As a result of these factors, the victim winds up giving the perpetrator access to or control over their bank accounts, investments, and other assets, and making substantial "gifts" to the perpetrator and/or members of the perpetrator’s family.


 

BANK ACCOUNT ACTIVITY

Unusual activity in the victim’s bank accounts is usually the best evidence that financial exploitation is occurring. Such activity can include:

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Placing the perpetrator’s name on bank accounts as agent, trustee, or co-owner with right of survivorship.
 

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Transfer of funds to new accounts at banks with which the victim has had no prior connection, and frequent transfers of funds among several accounts.
 

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Checks in large amounts or on frequent occasions being paid to persons who have had no prior connection to the victim, especially if they are related to or associated with the perpetrator.
 

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Frequent withdrawals being made through ATMs, especially if victim is physically frail and has not previously used an ATM.
 

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Suspicious signatures appearing on checks or credit card applications.
 

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Bank statements and canceled checks no longer being sent to the victim’s home address.

 

 

STOCKHOLM SYNDROME

In evaluating the facts of a specific case for proof of abuse, to the untrained eye the actions of the suspected victim in transferring or bequeathing assets to the perpetrator may seem voluntary, but in many cases they are not.

Psychologists have found that in relationships where a dominant person has succeeded in isolating and controlling a weaker person’s environment, the victim will tend to form a very strong bond with the dominant party, even to the point where the victim will defend the perpetrator if their control is challenged by an outside party who is attempting to rescue the victim.

This phenomenon is known as the Stockholm syndrome, based on a 1973 incident in Sweden involving bank hostages who so bonded and identified with their captors that they fought off police efforts to rescue them.

While the Stockholm syndrome may be a natural survival strategy that a hostage will unconsciously employ, its practical effect in an undue influence case will be that the victim will actually side with the perpetrator if confronted with evidence of financial exploitation, and may refuse to take legal action against them.

 

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Martin J. Hagan is licensed to practice law in the Commonwealth of Pennsylvania. This website is intended solely for informational use and is not intended to solicit clients. Likewise, any information contained in or obtained from this web site is for informational purposes only and is not intended to be used as legal advice.

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Copyright © 2010  Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 03/05/10