In general, the concept of “undue influence” refers to the notion that an individual uses coercion of some type to convince an older adult to change their estate plan in a way the older adult wouldn’t have done otherwise. Typically, the changes benefit the influencer in some way. For example, a care worker may try to withhold physical care or food unless the older adult includes them in the will.

But, not every older adult is vulnerable to undue influence or coercion. In order to determine if a person is vulnerable to undue influence, many researchers have looked at common risk factors. In other blog posts, I will focus on those risk factors. In this post, I want to focus on red flags that friends, family members, doctors, and attorneys can watch for that might indicate undue influence, exploitation, or coercion may be taking place.

Peisah, et al. (2007) has identified the following red flags (the bullet points that follow are all direct quotations; Peisah et al. (2007), p. 14):

1. Relationship factors

   1. Anyone in a position of trust or upon whom the testator is dependent for emotional or physical needs

2. Social or environmental factors

   1. Isolation or sequestration of the person

   2. Change in family relationships/dynamics

   3. Recent bereavement

   4. Family conflict

3. Psychological and physical risk factors

   1. Physical disability

   2. Non-specific psychological factors such as deathbed wills, sexual bargaining, serious medical illness with dependency and regression

   3. Personality disorders [such as Schizoid or Dependent Personality Disorder]

   4. Substance abuse [in the testator]

   5. Mental disorders including dementia, delirium, mood and personality disorders

4. Legal risk factors

   1. Beneficiary instigates or procures the will

   2. Contents of the will include unnatural provisions

   3. Contents favor the beneficiary

   4. Contents not In keeping with previous wishes

   5. Other documents [like POAs] have changed at the same time

The more of the above-mentioned risk factors an elderly individual meets, the more vulnerable the person is to the coercive effects of undue influence.

reference: Peisah, C., Finkel, S., Shulman, K., Melding, P., Luxenberg, J., Heinik, J., Jacoby, R., Reisberg, B., Stoppe, G., Barker, A., Firmino, H., & Bennett, H. (2007). The Wills of Older People: Risk Factors For Undue Influence. International Psychogeriatrics, 21(1), 7-15.