Elder Abuse Awareness: Spotting and Stopping Undue Influence in Wills

World Elder Abuse Awareness Day is here and there’s never a more opportune moment to check in on the elderly people in your life. Whether they are in care or still independent, older people can become more susceptible to abuse as they age. Sadly, it’s not just strangers that are guilty of inflicting elder abuse. Often, undue influence is exerted by someone who is a caregiver or loved one.

It’s no secret that elderly people are frequently the target of fraudulent schemes, especially where technology is involved. But there is an even older racket that often goes overlooked. In a world rife with so many online scams, it can be hard to pick up on more subtle instances of elder abuse that happen right under your nose. Such as situations where undue influence and coercive control are at play.

What is Undue Influence?

Undue influence most commonly occurs when a person exerts influence over someone else who is in a vulnerable state. Such as an individual who is elderly or infirm. The vulnerable person is manipulated to act differently than they would have by their own free will. Often these actions are also to the detriment of that person’s family and loved ones. For example, a common outcome of undue influence is drastic changes to a person’s official Will.

Abuse, like undue influence, involves manipulative tactics that take advantage of the elderly person's vulnerabilities. Such as their physical or mental frailties, emotional dependence, or isolation. The goal is to coerce the elderly person into making decisions that benefit the manipulator, often at the expense of other rightful beneficiaries. However, undue influence can escalate to coercive control where the target of the manipulation is not quite as easily taken in as the scammer expected. When a person is unwilling to change their Will under their own steam, those seeking to benefit often turn to more sinister methods to get what they want.

It’s imperative to shine a light on this deeply troubling issue, especially when it comes to the creation and modification of legally binding Wills. Elderly people are particularly vulnerable, which can significantly impact their final wishes and the distribution of their estate.

Coercive Control: A Deeper Form of Manipulation

Coercive control is a pattern of behaviour that is designed to dominate and control another person. In the context of elder abuse, it can involve threats, intimidation, and other forms of psychological manipulation. This can manifest through further isolation from friends and family, strict monitoring of their activities, financial exploitation, or deprivation of basic needs like food and medical care. The abuser may use threats, intimidation, or emotional manipulation to instil fear and compliance, making the elderly person feel trapped and powerless. This form of abuse erodes the victim’s autonomy, dignity, and sense of safety, often leaving lasting psychological and physical impacts.

Unlike physical abuse, coercive control is insidious and can be difficult to detect, making it a powerful tool for those seeking to exploit the elderly. While under the influence of coercive control, an elderly person may feel that they have no choice but to change their Will to appease their abuser. Or they may be so confused and exhausted from the abuse, that they are not aware they have even agreed to change it.

Signs of Undue Influence and Coercive Control

Recognising the signs of undue influence and coercive control is crucial in protecting the interests of your elderly family members and loved ones. Here are some red flags to watch out for:

1. Isolation from Friends and Family

The elderly person is increasingly isolated from their social circle. The influencer might restrict visits, intercept phone calls, or create an environment where the elderly person feels cut off from others.

2. Sudden Changes in Legal Documents

Abrupt or unexplained changes in the Will or other important legal documents. This could include new beneficiaries being added or significant alterations that favour a particular individual. For example, where that individual was previously not mentioned in the Will, and/or where there has been a long-standing family rift.

3. Undue Influence can Induce Behavioural Changes

The elderly person exhibits unusual or out-of-character behaviour. This can manifest as fearfulness, anxiety, or depression, particularly in the presence of the suspected influencer.

4. Dependence on the Influencer

In a lot of cases, the person trying to exert influence over an elderly person will be present in their lives almost all of the time. This means that the elderly person begins to show an excessive dependence on a specific individual for daily needs, decision-making, and companionship.

5. Secrecy and Seclusion can be a sign of Undue Influence

The influencer insists on secrecy around financial matters and discourages the elderly person from discussing their Will or other legal affairs with others.

6. Unusual Financial Transactions

Financial exploitation often accompanies undue influence. Particularly where there is a newcomer on the scene, such as a new love interest or friend. Getting access to an elderly person’s finances can be challenging in cases of undue influence. Where you can, keep an eye on the accounts for unusual or unexplained withdrawals, transfers, or spending.

7. Presence of the Influencer During Important Decisions

The influencer is always present during meetings with lawyers, doctors, or financial advisors, effectively controlling the conversation and decisions being made.

Protecting the Elderly from Undue Influence

Detecting and preventing undue influence and coercive control requires vigilance and proactive measures from a concerned third party. That could be you or someone else that you trust. Whether you plan to confront this situation alone or with backup, there are several things you can do to help.

1. Encourage Open Communication

Maintain regular contact with elderly friends or family members. Encourage them to speak openly about their concerns and ensure they feel supported.

2. Legal Safeguards

Encourage the use of legal safeguards such as appointing trusted and impartial Attorneys. For instance, by registering Lasting Powers of Attorney. Regularly review and update legal documents to ensure they reflect the true wishes of the elderly person. Watch out for any unusual changes to official documents.

3. Professional Advice

Ensure that elderly individuals seek independent legal advice when making or changing their Will. Lawyers and advisors can help identify and prevent undue influence. Especially those who are experts in the field of Wills and Probate.

4. Education and Awareness

Educate elderly individuals and their families about the signs of undue influence and coercive control. Awareness is the first step in prevention.

5. Report Suspicions

If you suspect an elderly person is being manipulated, report your concerns to the relevant authorities or seek legal advice. Elder abuse hotlines and local agencies can provide support and guidance.

Undue influence and coercive control are serious forms of elder abuse that can profoundly impact the lives and legacies of elderly individuals. By understanding the signs and taking steps to protect our loved ones, we can ensure that their final wishes are respected, and their dignity is preserved. This World Elder Abuse Awareness Day, let us commit to safeguarding the rights and well-being of our elderly community members.

Talk to An Expert 

If you are concerned about a loved one or would like to ensure that your wishes are carried out after your death, speak to a member of the Private Client team.

You can reach us on 0113 320 5000, or email @email and speak to a member of the team.