September 30, 2020 Elder Law

Undue Influence and Financial Exploitation

By Megan Richelsoph

Introduction

Undue influence has roots as a common law cause of action to challenge estate and gift transfers and is increasingly being recognized as a form of elder abuse and a cause of action in financial exploitation cases. Increasingly, states are clearly and unambiguously defining undue influence in statutes. However, many states still rely on case law or vague statutes to define undue influence. This article will explore the current state of undue influence law, review a model undue influence screening tool, and discuss ways to modernize the law.

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