Undue Influence Prevention & Detection (Recorded)

Understand—from the perspective of the fiduciary, litigators, and a forensic neuropsychiatrist—how to identify risk and protective factors for vulnerability to undue influence

The faculty explore what substance, mindset, and setting factors predispose clients to undue influence. Substance factors may include the substance and complexity of the transactions in question. Mindset factors may include data from medical history, medications, social history, degree of impairment of residual capacities, and resilience. Setting factors may include data from living situations ranging from isolated to independent to total care, and dependence on potential influencers who stand to profit from the transactions.

Relative to identifying potential undue influencers, learn about traits such as dependency, entitlement, domination, sanctimoniousness, grandiosity, and patterns of antisocial behavior. We consider how to gather corroborative data of such traits and behaviors; when to intervene to preempt and, when needed, to proceed in the process of restorative justice via a forensic neuropsychiatric evaluation, discovery, deposition, and trial.