​"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. The related concept of "predatory alienation" is purposefully disrupting existing relationships, often through deception, to isolate people from those they trust in order to exploit, control, or take advantage of them. 

​​Reports and Articles

• Developing an Undue Influence Screening Tool for Adult Protective Services.  Mary Joy Quinn, Lisa Nerenberg, Adria Navarro, and Kate Wilber. 
• Literature Review on Undue Influence: Lisa Nerenberg
• Undue Influence: Definitions and Applications Final Report. Mary Joy Quinn, Lisa Nerenberg 
• Evaluating the State of Predatory Alienation in New Jersey. Jacquelynn Duron and Judy L. Postmus
• The BITE Model of Authoritarian Control: Undue Influence, Thought Reform, Brainwashing, Mind Control, Trafficking and the Law. Steven Hassan
• A New Framework for Evaluating Undue Influence and its implications for Elder Abuse and Human Trafficking Cases. A 3-part series published in Psychiatric Times authored by Steven Hassan, Thomas G. Gutheil, and Mansi J. Shah. It includes: 
  • ​Part 1: Responding to Authoritarian Cults and Extreme Exploitations
  • Part 2: New Framework: Exploring Efficacy
  • Part 3: Putting the New Framework Into Practice

Resources

Mindhacking Alert for Seniors: Protecting Yourself and Your Loved Ones from Undue Influence and Elder Abuse 
Brochure by New Jersey Safe & Sound was designed to familiarize elders and those who care about them with the deceptive, high-pressure tactics that underlie scams and exploitative relationship and help them recognize high risk situations. 
 
The California Undue Influence Screening Tool (CUIST)
The California Undue Influence Screening Tool (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

• California Undue Influence Screening Tool (CUIST)

• Instructions for Completing California Undue Influence Screening Tool (CUIST)​

• Developing an Undue Influence Screening Tool for Adult Protective Services:  Final Report to the Borchard Foundation Center on Law and Aging

Training Materials Produced by Project Master of the Academy for Professional Excellence, San Diego State University School of Social Work  

• Investigations Involving Allegations of Undue Influence. Instructor Led Training  
• Undue Influence: What APS Needs to Know. A 90 minute free e-learning for APS workers 

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​Supporting Human Rights by Testifying Against Human Wrongs (Scheflin, 2015)
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​An interview With Undue Influence Expert Margaret Singer. Interview with Margaret Singer Ph.D., clinical psychologist and emeritus adjunct professor of psychology at UC, Berkeley and nationally renowned expert on cults, brainwashing, and persuasion (1996). ​

Understanding Undue Influence "Practice tips." National Center on Law and Elder Rights 

CEJC Webinar: "What's New in Undue Influence" November 7, 2018.

Promising Practices

California Defines Undue Influence
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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:

1. Vulnerability of the victim (e.g., cognitive impairment, illness, disability, injury,  education, emotional distress, isolation, recent loss, or dependency).
2. ​Influencer's source of power or authority (e.g., as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser,or  expert).  
3. Unfair actions or tactics used by the influencer.
4. Evidence of an unfair or inequitable result. 

New Jersey Enacts Bill to Study "Predatory Alienation

​“extreme undue influence on, or coercive persuasion or psychologically damaging manipulation of another person that results in physical or emotional harm or the loss of financial assets, disrupts a parent-child relationship, leads to a deceptive or exploitative relationship, or isolates the person from family and friends. ​

​For Help

CEJC has received numerous requests for help handling cases involving undue influence. Because we are unable to consult or advise on specific 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. ​ ​