What is Undue Influence?

Undue influence is an act of persuasion that compels a weak or vulnerable individual to make a decision that he or she may not have otherwise made. The person who influences the defenseless individual generally does so to manipulate the circumstances in his or her favour. One example would be a caregiver who exercises influence over an elderly person to gain money or other material possessions.

Undue influence may be exerted over anyone who is vulnerable. In order to confront this issue effectively, you must first have at least a basic understanding of what it is, the signs to look for, and what to do about it if you suspect it has occurred.

A claim of undue influence can be stressful for everyone involved. In some cases, the facts make it very evident that an individual has been coerced. In other cases, the details may not be so clear, and much investigation might be necessary. While not all undue influence cases involved the elderly, many do. It is always essential to protect the elderly and other vulnerable members of society. However, it is also important to fully examine claims of undue influence, since such claims are not always accurate.

• If You Suspect Undue Influence – If you believe that a loved one is the victim of undue influence, you may need to go to court. You may want to request that the court make the vulnerable person’s accounting available to you. You might consider putting guardianship procedures in motion, so you may take control of the person’s finances. Seek assistance from professionals or authorities such as the police, a social worker, and a lawyer.

If you suspect a case of undue influence, or if you feel you have been unfairly accused of this act, the team at Donnell Law Group is here to help. We will ensure that your case is handled by a skilled lawyer with relevant experience.

Donnell Law Group brings over 75 years of experience to residents of Vaughan and the York Region area. If you need a lawyer, call us at 905-476-9100 for more information. You are also welcome to use our online contact form.

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