Hello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I am the author of The Wolf At The Door: Undue Influence and Elder Financial Abuse. The book will come out in early autumn. This is episode 2 where I provide, without elaboration, the skeletal elements of undue influence.
#1: The vulnerability of the victim - in broad terms incapacity, illness or disability.
#2: The undue influencer's source of power and opportunities for abuse - such influencers are fiduciaries, family members or other professions.
#3: Emotional, psychological, and legal manipulation as undue influence actions and tactics.
#4: Unfair and unnatural transactions or outcomes. Things like a caregiver gets someone in hospice to change a twenty year estate plan to leave everything to her.
If you would like a free copy of the book when it comes out email us at [email protected]. I'm happy to share this book on a very important topic.