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

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financial gain. Others have focused on specific vulnerabilities, such as the role of subtle,<br />

undetected deficits that appear to heighten vulnerability.<br />

Several experts have proposed broader models or constellations of contributing factors<br />

including victim vulnerabilities, abuser characteristics, tactics used, <strong>and</strong> outcomes. Psychiatrist<br />

Bennett Blum has developed the “IDEAL” model of undue influence assessments (Blum, 2010).<br />

The model draws from the fields of psychiatry, psychology, <strong>and</strong> sociology to describe<br />

psychological <strong>and</strong> social factors that commonly coexist in undue influence. IDEAL is an<br />

acronym for isolation; dependency; emotional manipulation <strong>and</strong>/or exploitation of a<br />

vulnerability; acquiescence; <strong>and</strong> loss. Blum further describes the factors as follows:<br />

1. Isolation – This refers to isolation from pertinent information, friends, relatives, <strong>and</strong><br />

usual advisors. Causes include medical disorders, a history of poor relationships<br />

with others, perpetrator interference, geographic changes (e.g., travel), <strong>and</strong><br />

technological isolation (e.g., loss of telephone services).<br />

2. Dependency – This refers to dependence upon the perpetrator for physical support,<br />

emotional factors, or information.<br />

3. Emotional manipulation – This usually manifests as promises, threats, or a<br />

combination of both regarding issues of safety <strong>and</strong> security, or companionship <strong>and</strong><br />

friendship. Exploitation of a vulnerability may overlap with emotional manipulation<br />

4. Acquiescence – The victim appears to consent or submit, but does so because of<br />

items 1, 2, <strong>and</strong> 3.<br />

5. Loss – This refers to actual financial loss.<br />

Turkat, an attorney, drew from social influence theories to describe characteristics of the<br />

influencers, victims, <strong>and</strong> the forms of control he has observed in elder abuse cases. In particular,<br />

he focused on power imbalances between abusers <strong>and</strong> victims that are derived from character<br />

traits, intelligence, strength, social class, <strong>and</strong> education. He further suggests that these power<br />

imbalances can be magnified by “vulnerability enhancements,” which include:<br />

• Increasing victims’ dependency by giving them extra medications or depriving them of<br />

nutrients;<br />

• Self-promotion;<br />

90

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