Eloise needs assistance. She is getting forgetful and frailer.
Her niece Mary offers to move in and help Eloise. Mary insinuates herself into Eloise’s life.
She takes care of the banking and other daily tasks. Mary tells Eloise that if it wasn’t for her, Eloise would be in a home and isn’t Eloise lucky to have someone as loving as her niece?
See, Mary is in a position to take advantage of Eloise because Eloise is dependent on her. Has Eloise been a victim of “undue influence”?
Joe is a widower in his 70’s. He has been alone for some time and decides to look for a companion on a dating site. Joe meets “Linda” who is wonderful. She and Joe are in constant contact and decide to meet. As soon as Linda saves enough money to travel, and as soon as her daughter gets the operation, and as soon as she pays her delinquent electric bill. Joe sends a check. Is Joe a victim of undue influence?
Eloise or Joe could just as easily have been victims of telemarketers, home repair scams, or any number of ploys where people gain the trust of vulnerable others and take advantage of that trust with the intent of personal gain.
The American Bar Association defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming person’s free will and results in inequity”. Another source defines undue influence as “when the free will and judgment of an individual is tampered with through persuasion using devices such as trickery, insinuations, deception, and flattery”.
Relatives, friends, professionals and caregivers are all in a position to exert ‘undue influence’. Money may not be the only covetable asset. Houses, property, gas and oil, jewelry – all are considerations.
Cognitive impairment and mental health issues make someone more vulnerable. Contacts may be in person or they may be online connections. Sweetheart scams are examples of online opportunities enabling scammers to gain by ‘undue influence’.
What are some signs of undue influence?
- A new beneficiary in a will or suspicious circumstances surrounding changes in the will
- The person is increasingly isolated from others by a ‘trusted’ person
- ‘Changes’ in the person’s wishes that differ from previously expressed wishes
- Is there someone who stands to profit and had the opportunity to facilitate changes?
Scammers find it very easy to maneuver their way into the lives of vulnerable adults. They will gain the trust of the scammee and manipulate the situation to their benefit. Help your loved ones by paying attention to new people in their lives, online connections, and caregivers who insert themselves into the lives of your loved one. Pay attention.
Stay safe!
