3117. Financial Abuse Undue Influence Explained

3117. Financial Abuse--"Undue Influence" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 "Undue influence" means excessive persuasion that overcomes another person's free will and causes the person to do something or to not do something that causes an unfair result. In determining whether [name of defendant] exerted undue influence on [name of plaintiff], you must consider all of the following: a. [Name of plaintiff]'s vulnerability. Factors to consider may include, but are not limited to, [incapacity/illness/disability/injury/age/education/impaired mental abilities/emotional distress/isolation/ [or] dependency], and whether [name of defendant] knew or should have known of [name of plaintiff]'s vulnerability. [Name of defendant]'s apparent authority. Factors to consider may include, but are not limited to, [name of defendant]'s position as a [fiduciary/family member/care provider/health care professional/legal professional/spiritual adviser/expert/ [or] [specify other position]]. The actions or tactics that [name of defendant] used. Actions or tactics used may include, but are not limited to, all of the following: [(1) Controlling [name of plaintiff]'s necessaries of life, medications, interactions with others, access to information, or sleep;] [(2) Using affection, intimidation, or coercion;]. [(3) Initiating changes in personal or property rights, using haste or secrecy in making those changes, making changes at inappropriate times and places, and claiming expertise in making changes.] d. The unfairness of the result. Factors to consider may include, but are not b. c. 3117. Financial Abuse--"Undue Influence" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 limited to, [the economic consequences to [name of plaintiff]/any change from [name of plaintiff]'s prior intent or course of conduct or dealing/the relationship between any value that [name of plaintiff] gave up to the value of any services or other consideration that [name of plaintiff] received/ [or] the appropriateness of the change in light of the length and nature of the relationship between [name of plaintiff] and [name of defendant]]. Evidence of an unfair result, without more, is not enough to prove undue influence. ________________________________________________________________________________ New June 2014