Editing Undue influence (section)

== Research ==

=== The California Undue Influence Screening Tool ===
A focus group and a panel of experts were tasked to undertake a study to develop a [https://www.elderjusticecal.org/uploads/1/0/1/7/101741090/final_cuist_5-27-2016_12.4.18.pdf tool] to assist [[Adult Protective Services]], legal professionals, and health practitioners in identifying potential instances of UI. The experts included: (1) a licensed psychologist who specializes in forensic neuropsychology; (2) an expert in the criminal prosecution of elder abuse; (3) a probate attorney with extensive experience with conservatorships, estate planning, and undue influence; and (4) a professor of gerontology with expertise in elder abuse.<ref name=":0" />  The resulting product is referred to as the California Undue Influence Screening Tool (CUIST).<ref name=":0" /> The tool can be used to help identify instances of UI in all fifty states.<ref name=":12" /><ref>{{Cite web |last1=Stiegel |first1=Lori A. |last2=Quinn |first2=Mary Joy |date=June 2017 |title=Elder Abuse: The impact of undue influence |url=https://ncler.acl.gov/pdf/Advanced-Elder-Abuse-The-Impact-of-Undue-Influence.pdf |access-date=December 13, 2021 |website=National Center on Law & Elder Rights}}</ref> The study revealed similarities in persons who were particularly susceptible to unduly influence such as:

* Vulnerability of the victim - Age, weakened physical or mental state.
* Dependency - Reliant on the influencer.
* Isolation - The victim may live alone or in a remote area, suffering from family conflict or having no living relatives.<ref name=":7" /> 
* Fear - Instilling fear (e.g. threatening to place victim in a nursing home.)
* Apparent authority of the influencer - The influencer will act as though that authority has been vested in them by the victim. Claiming to be the victim's spouse or romantic partner is another tactic an influencer may leverage to misrepresent themselves as having authority over the victim. 
* Manipulation - Leveraging opportunity and vulnerabilities to take advantage of the victim. Situations are exploited in which the victim relinquishes assets that the influencer desires.<ref name=":0" /> These can take many forms such as depriving the victim of sleep or controlling nutrition, hydration, medication, and enacting mental pressure and physical harm. Pressuring the victim to make changes to documents when they are in pain, confused, or have recently undergone medical treatment.
* Process over time - Undue influence occurs over time. Influencers often learn to decipher their victim's needs and desires, they will leverage them to gain a foothold in the persons' life.<ref name=":0" /> 
*Deliberate isolation - Influencers work to isolate their victims in various ways. Some methods include, "poisoning relationships" with existing friends or family.<ref name=":1" /> Shielding the victim from their support network (e.g., friends and family).<ref name=":7" /> Firing existing caregivers, canceling medical appointments, treatments, and trips for medicine or care.<ref name=":0" />
*Result of consequences - Loss of assets, physical harm, neglect. Financial loss including home and/or savings.<ref name=":0" />

Undue influence has been studied in the field of [[social psychology]]. The American Bar Association Commission on Law and Aging and the American Psychological Association have analyzed similarities between cult members and domestic violence. These accounts share an element of power distinction between the alleged influencer and the vulnerable adult.<ref name=":12" /><ref name=":3"/>

=== Clinical models of undue influence ===
Clinical models have been developed in an effort to assist clinicians and practitioners in determining if UI is present and to build a legal case. Some of the most prevalent models are discussed below.

==== The IDEAL model ====
The IDEAL model was developed by the psychiatrist Bennet Blum, M.D., it emphasized the social conditions frequently observed in cases of alleged undue influence.<ref name=":3"/> It focuses on five aspects:

* Isolation from friends and family
* dependency on the perpetrator
* emotional manipulation of the victim
* the acquiescence of the victim as a result of the three previous factors
* the financial loss of the victim<ref name=":0" /><ref name=":3"/>

====  The SCAM model ====
The SCAM model was developed by Susan I. Bernantz, Ph.D., it contains four elements regarding undue influence:

* Susceptibility of the victim
* Presence of a confidential and trusting relationship between the victim and perpetrator
* initiation (active procurement) of financial transactions by the perpetrator
* monetary loss of the victim<ref name=":0" /><ref name=":3"/>

====  The IPA analysis framework ====
The IPA analysis framework is the result of a task force formed by The International Psychogeriatrics Association called Testamentary Capacity and Undue Influence. It consists of reviews on international law and common legal definitions of undue influence.<ref name=":3"/> The authors noted risk factors which include:

'''Environmental risk factors'''
* social isolation
* family conflict
* dependency, especially if a change in circumstances occurred
'''Psychological risk factors'''
* physical disability
* substance use
* cognitive impairment
* mental illness<ref name=":0" /><ref name=":3"/>