One of the primary goals of estate planning is to carry out someone’s wishes in the best way possible. In most cases, this means dispersing inheritances to intended beneficiaries and managing assets in a way the estate owner would have wanted.
Unfortunately, undue influence can undermine the purpose of estate planning. If your loved one becomes a victim of such influence, their estate plan may not reflect what they actually wanted.
That said, it is crucial to watch out for undue influence. However, it is just as important to step in if your loved one becomes vulnerable to it. Here are several signs that they may need protection.
Advancing age
Growing older goes hand in hand with physical and psychological changes. These might include:
- Declines in strength and the ability to take care of oneself
- Reduced memory, thinking and other cognitive skills
- Increased risk of cognitive diseases like dementia
These changes can make an older person more vulnerable to undue influence. Some elderly people are more prone to confusion or forgetfulness, making them easier to manipulate.
In some cases, seniors are less likely to resist because they are not able to defend themselves from both physical and emotional harm.
Dependency on another person
It is not uncommon for aging individuals to depend on someone else for everyday care. This can be a professional caregiver, a home nurse or a family member.
While this dependency can ensure your loved one’s needs are met, it can also make them more at risk of manipulation and control. One contributing factor is the power imbalance. When someone depends on another for care, the caregiver often has more leverage over the dependent.
Isolation from friends and family
If your loved one is isolated from their friends and family, they may have fewer opportunities to hear different viewpoints or receive advice from others. As a result, they might be more susceptible to a single person’s influence.
Additionally, isolation can make it difficult to escape or even recognize manipulative behavior. For example, an isolated individual might mistake control as concern, especially because they do not talk about their relationship with others.
Watch out for these warning signs
The presence of these factors might not mean undue influence is happening, but it’s always a good idea to watch out for red flags in case it does. If you think someone is controlling or coercing your loved one, don’t hesitate to take action.
Consider talking to an estate planning attorney who can help protect your loved one from such manipulation. Remember that if undue influence is present, then your loved one’s will or trust may be invalid.
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