"Undue Influence" is when individuals who are stronger or more powerful get weaker people to do things they would not have done otherwise, using various techniques or manipulations over time. They may isolate the weaker person, promote dependency, or induce fear and distrust of others. The abuser tries to convince the vulnerable person that friends, family members, or caregivers have malevolent motives and cannot be trusted.
Reports
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Developing an Undue Influence Screening Tool for Adult Protective Services. Mary Joy Quinn, Lisa Nerenberg, Adria Navarro, and Kate Wilber. This article, which appears in the March 2017 edition of the Journal of Elder Abuse & Neglect, describes the development and piloting of the California Undue Influence Screening Tool (CUIST)--see below. Literature Review on Undue Influence: This review of the legal and psychological literature on undue influence was was prepared for the Superior Court of California, County of San Francisco, as part of the Undue Influence: Definitions and Applications project, which was supported by the Borchard Foundation Center on Law and Aging. Undue Influence: Definitions and Applications Final Report. Mary Joy Quinn, Lisa Nerenberg, Eileen Goldman, and Deana Piazza This report, which is available on the website of the California Administrative Offices of the Courts describes a study to evaluate the need for a new statutory definition of undue influence in California. It was supported by the Borchard Foundation Center on Law and Aging. |
Resources
The California Undue Influence Screening Tool (CUIST)
The California Undue Influence Screening Tool (CUIST) was developed under a grant from the Borchard Foundation Center on Law and Aging. Mary Joy Quinn, Director (ret.) of the Probate Court, California Superior Court, San Francisco County was the project director. The project was administered by California Elder Justice Coalition. (CEJC). Lisa Nerenberg, Executive Director of CEJC was the consultant to the project and Adria E. Navarro, Assistant Professor of Clinical Family Medicine at the University of Southern California was the research director. Kathleen H. Wilber, the Mary Pickford Foundation Professor of Gerontology at the University of Southern California School of Gerontology was the adviser to the project.
CUIST was developed to help Adult Protective Service personnel screen for suspected undue influence using elements contained in California Probate Code 86 and Welfare and Institutions Code 15610.70: (1) Client Vulnerability, (2) Influencer’s Authority/Power, (3) Actions/Tactics, and (4) Unfair/Improper Outcomes
The California Undue Influence Screening Tool (CUIST) was developed under a grant from the Borchard Foundation Center on Law and Aging. Mary Joy Quinn, Director (ret.) of the Probate Court, California Superior Court, San Francisco County was the project director. The project was administered by California Elder Justice Coalition. (CEJC). Lisa Nerenberg, Executive Director of CEJC was the consultant to the project and Adria E. Navarro, Assistant Professor of Clinical Family Medicine at the University of Southern California was the research director. Kathleen H. Wilber, the Mary Pickford Foundation Professor of Gerontology at the University of Southern California School of Gerontology was the adviser to the project.
CUIST was developed to help Adult Protective Service personnel screen for suspected undue influence using elements contained in California Probate Code 86 and Welfare and Institutions Code 15610.70: (1) Client Vulnerability, (2) Influencer’s Authority/Power, (3) Actions/Tactics, and (4) Unfair/Improper Outcomes
Undue Influence Committed by Professionals
This 90-minute free e-learning, which features Candace Heisler, JD, was produced for Adult Protective Services workers by Project MASTER (Multi-disciplinary Adult Services Training and Evaluation for Results), a program of the Academy for Professional Excellence, San Diego State University School of Social Work. It was supported by a grant from the Huguette Clark Family Fund for Protection of Elders, a donor-advised fund of the New York Community Trust.
An interview With Undue Influence Expert Margaret Singer. This interview with Margaret Singer Ph.D., a clinical psychologist and emeritus adjunct professor of psychology at the University of California, Berkeley and nationally renowned expert on cults, brainwashing, and persuasion, was conducted by Lisa Nerenberg. It appeared in nexus, a publication of the National Committee for the Prevention of Elder Abuse and Neglect in 1996.
Understanding Undue Influence
This "Practice tip" produced by the National Center on Law and Elder Rights describes undue influence and its relevance to advance planning.
CEJC's Webinar: "What's New in Undue Influence"
On November 7, 2018, CEJC hosted "What’s New in Undue Influence: Tools, Definitions, and Court Responses," a webinar highlighting the California Undue Influence Screening Tool (CUIST). Presenters included Mary Joy Quinn, Dr. Nancy Hoffman, Cecelia Steiner-Smith, Dr. Sheila Johnson. The webinar recording is available here.
This 90-minute free e-learning, which features Candace Heisler, JD, was produced for Adult Protective Services workers by Project MASTER (Multi-disciplinary Adult Services Training and Evaluation for Results), a program of the Academy for Professional Excellence, San Diego State University School of Social Work. It was supported by a grant from the Huguette Clark Family Fund for Protection of Elders, a donor-advised fund of the New York Community Trust.
An interview With Undue Influence Expert Margaret Singer. This interview with Margaret Singer Ph.D., a clinical psychologist and emeritus adjunct professor of psychology at the University of California, Berkeley and nationally renowned expert on cults, brainwashing, and persuasion, was conducted by Lisa Nerenberg. It appeared in nexus, a publication of the National Committee for the Prevention of Elder Abuse and Neglect in 1996.
Understanding Undue Influence
This "Practice tip" produced by the National Center on Law and Elder Rights describes undue influence and its relevance to advance planning.
CEJC's Webinar: "What's New in Undue Influence"
On November 7, 2018, CEJC hosted "What’s New in Undue Influence: Tools, Definitions, and Court Responses," a webinar highlighting the California Undue Influence Screening Tool (CUIST). Presenters included Mary Joy Quinn, Dr. Nancy Hoffman, Cecelia Steiner-Smith, Dr. Sheila Johnson. The webinar recording is available here.
Promising Practices
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California Defines Undue Influence
In 2014, California enacted AB 140 to modernize the definition of undue influence to read: "Undue influence" means excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. See California's Undue Influence Statute. In determining whether a result was produced by undue influence, all of the following shall be considered:
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For Help
CEJC has received numerous requests for help handling cases involving undue influence. Because we are unable to consult or advise on specific circumstances or cases, we are providing the following resources.
CEJC has received numerous requests for help handling cases involving undue influence. Because we are unable to consult or advise on specific circumstances or cases, we are providing the following resources.
- The National Center on Law and Elder Rights provides advice and resources to lawyers and professionals over e-mail or the telephone. The ABA Commission on Law and Aging provides subject matter expertise to the Center on elder abuse issues, including undue influence.
- The National Academy of Elderlaw Attorneys has a national lawyer referral service that helps people find attorneys with special expertise around the country.
- Local legal assistance programs for the elderly. Every community has a program of free legal services for older adults. To find one near you, go to the ElderCare Locator.
- Bar Associations. Some local and state bar associations offer referrals and free or affordable legal assistance.