Understanding Undue Influence: Legal Definitions, Cases, and Implications, Lecture notes of Acting

Download Understanding Undue Influence: Legal Definitions, Cases, and Implications and more Lecture notes Acting in PDF only on Docsity! Undue Influence Committed by Professionals eLearning Legal Definitions of Undue Influence American Bar Association and American Psychological Association Undue influence is influence that amounts to deception, force or coercion that destroys a person's free agency (American Bar Association and American Psychological Association, 2008). California’s Welfare and Institutions Code California’s definition of undue influence includes categories of information the court must consider in determining if undue influence was used in Probate matters such as conservatorships (often called guardianships in other states, trusts and will contests). The statute, Welfare and Institutions Code § 15657.70, defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity” and requires the court to consider: • Vulnerability of the victim; • Influencer’s apparent authority; • Actions or tactics used by the exploiter; and • Equity of the result though the fact of an inequitable result alone is not enough to establish undue influence was used. (See M.J. Quinn article in the Bibliography for a further discussion ) Undue influence is excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity (California Welfare & Institutions Code § 15610.70 (a)). Court Case The essence of undue influence is the use of excessive pressure by a dominant person over a servient person resulting in the will of the servient person being overborne (Odorizzi v. Bloomfield School District, 1966). Excerpt from Undue Influence and Financial Capacity: A Clinical Perspective Undue influence is a legal construct defined differently by the courts dependent on jurisdiction. The term “refers to a dynamic between two individuals in which the weaker individual is exploited, often financially (Wood & Liu, 2012)." 1