What Constitutes Undue Influence in Financial Elder Abuse?
A certified financial planner with extensive experience in investment management and estate planning, Kristin Hetzer serves as the principal of Royal Palms Capital, LLC. Kristin Hetzer has authored a new book, titled Valle Egypt, which helps readers understand the serious consequences of financial elder abuse.
California has expressly-communicated statutes on elder abuse. One critical area in this subject is undue influence. By definition, undue influence must have taken place when an elder is controlled by a person who may be a family member because the elder is vulnerable due to cognitive or health decline and needs assistance from the person to meet crucial needs in health or finance. The person (the perpetrator or wrongdoer) uses this influence to exercise authority in wrongful ways and control the senior (victim) against their intention.
In undue influence, a perpetrator takes actions that force control over a senior, and the result of those actions is inequitable. For example, a family member may be delegated the duty of managing a senior's financial accounts and income sources under the mandate of fiduciary duty. If that individual uses this influence to alter the senior's estate plan surreptitiously (without informing other family members), they might have exercised undue influence and abused the senior financially. Also, if an individual is micromanaging every aspect of the elder's finances in such a way that the senior has to please them to get money for crucial needs, the individual may have exercised undue influence on the elder.













