How do we recognize undue influence?

There may come a time when you must rely on sanother person's strength to get through some of life's trickier moments. As people age, their dependence on others gradually increases. But with dependence comes an enhanced risk of being subject to another person's undue influence.

  • What is undue influence in California?

Undue influence is a specific class of fraudulent dealing in which the offender has a personal relationship or holds an imbalance of power over the victim. A person who takes unfair advantage of the confidence or dependence that another person has for them is exerting undue influence.

  • How is undue influence different than fraud?

Undue influence always involves a certain amount of pressure. In this way, it is similar to blackmail. Discussing influence or decisions while someone is compromised by medical or mental distress may be undue influence. An absence of impartial advisors or insistence that a decision be made immediately without good reason may also constitute undue influence.

  • Who are the most common victims of undue influence?

Although there is a broad range of victims, the most common group is people who have diminished capacities to handle their own affairs. Elderly individuals who require the assistance of adult children or caregivers may be victims of undue influence. Financial abuse is the most commonly prosecuted form of the crime.

  • How can people undo the effects of this crime?

An attorney can help begin a civil action to reclaim financial losses caused by undue influence. Legal representation may increase the chances of a person and their family reclaiming their rightful assets.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get The Help You Need

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Pedder, Hesseltine, Walker & Toth, LLP | Est. 1995

3445 Golden Gate Way
Lafayette, CA 94549

Toll Free: 888-355-4093
Phone: 925-297-6179
Fax: 925-283-3683
Lafayette Law Office Map