Undue Influence: Definitions and Applications - California Courts ...

1. Victim characteristics contributing to vulnerability include incapacity resulting from
dementia, mental illness, or impairment; deficits in judgment or insight; altered states of
mind (which may be induced), resulting from medications, sleep deprivation, etc.;
emotional distress (which may also be induced). Some analysts and practitioners have noted
that people with “dependent personalities” are at heightened risk. The Diagnostic and
Statistical Manual (DSM-IV) defines persons with dependent personality disorder as
emotionally dependent on other people, who spend great effort trying to please others, who
tend to display needy, passive, and clinging behavior, and who have a fear of separation.
Another personality characteristic that has been mentioned repeatedly is “acquiescence.”
Acquiescence, which is not included in the DSM-IV, is generally taken to mean persons
who are overly compliant or “too agreeable.” Induced states such as learned helplessness,
Stockholm Syndrome, and battered partner syndrome have also been identified as
impediments to free will.
2. Influencers’ power. Experts agree that to constitute undue influence influencers must be in
positions of power or authority toward those they influence. They may be in positions of
trust or confidence, which can be formal (e.g., the powerful person has a legal duty toward
the less powerful person, as in the case of fiduciaries) or informal (as in the case of family
members or neighbors). Their power may also be based on professional authority,
disproportionate strength or status, or the nature of the relationship. Caregivers who provide
life sustaining care hold particular power. Clergy and spiritual advisors are also considered
to be in positions of power toward those they counsel. Psychotherapists and physicians are
also in positions of power relative to their clients or patients.
3. Improper actions or tactics. Influencers take affirmative steps or actions to persuade
victims to engage in behaviors that are contrary to their interests in ways that exceed what is
considered to be “normal” persuasion. Actions suggestive of undue influence include
controlling weaker persons’ environment and social interactions by imposing isolation,
insulating them from outside supervision and advisors, poisoning their relationships with
others by “bad mouthing” them, and invoking fear of others. Other agreed-upon actions or
tactics include inducing dependency through “puppeteering” (inducing trust or
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