copyright © 2004 by bennett blum. all rights reserved undue influence and the exploitation of...
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Copyright © 2004 by Bennett Blum. All Rights Reserved
Undue Influence and the Undue Influence and the Exploitation of People with Exploitation of People with
DisabilitiesDisabilities
Bennett Blum, M.D.Bennett Blum, M.D.Park Dietz and Associates, Inc.Park Dietz and Associates, Inc.
Newport Beach, CaliforniaNewport Beach, California
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
This lecture provides basic This lecture provides basic information only. Do not information only. Do not
claim special expertise based claim special expertise based upon this lecture, even if you upon this lecture, even if you
have an extensive clinical have an extensive clinical background.background.
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Undue Influence and Undue Influence and Financial ExploitationFinancial Exploitation
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Crimes Associated With Crimes Associated With Financial AbuseFinancial Abuse
Assault Gang Crime
Battery Homicide
Burglary Prostitution
Drug Abuse/ Traffic Kidnapping
Extortion Robbery
Fraud Vandalism (Etc.)
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Effects on VictimsEffects on Victims
Material–Housing–Transportation–Clothing–Food
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M.D. All Rights Reserved
Effects on VictimsEffects on Victims
Health Related– Depression– Heart Disease– Lung Diseases– Decreased Immune Function– Medical Care– Medication– Increased Mortality Rate
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Factors Helping PerpetratorsFactors Helping Perpetrators
Issues affecting victims:Death (elderly)Incompetence (elderly)Fear of retributionFear of loss of independenceEmbarrassment/humiliationFear and confusion re: police/courts
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M.D. All Rights Reserved
Factors Helping PerpetratorsFactors Helping Perpetrators
Societal Misconceptions:Bias against victims “Civil mirage”“Others will do the work”Mistaken beliefs re: mental capacityMistaken beliefs re: undue influence
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Mental Capacity vs. Mental Capacity vs. Undue InfluenceUndue Influence
Mental Capacity Assessment–Behavior & abilities
Undue Influence Assessment–Impact of suspect’s behavior
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M.D. All Rights Reserved
Assessing Potential Assessing Potential Financial Abuse SituationsFinancial Abuse Situations
Vulnerable adults
High-risk situations
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M.D. All Rights Reserved
Vulnerable AdultsVulnerable Adults
Cognitive impairment Serious/multiple medical problems Abuse substances DepressedBereaved
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Vulnerable Adults (cont.)Vulnerable Adults (cont.)
LonelyIsolatedOverly trustingParanoid/fearfulPrejudices or strong political beliefs
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M.D. All Rights Reserved
High-Risk SituationsHigh-Risk Situations
Change in:Spending Investment behaviorGift-giving and/or recipientsFamily structure or friendshipsPersonal residence__________
Minimal interaction with others
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M.D. All Rights Reserved
Undue InfluenceUndue Influence
No medical definition.
No model proves undue influence. Judicial decision.
Models define the necessary behaviors/conditions
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Undue Influence and LawUndue Influence and Law
“Persuation, pressure, or influence short of actual force, but stronger than mere advice, that so overpowers the dominated party’s free will or judgment that he or she cannot act intelligently and voluntarily, but acts, instead, subject to the will or purposes of the dominating party” [Black’s Law Dictionary, 6th edition, 1990 p. 1528]
Copyright © 2004 by Bennett Blum. All Rights Reserved
Assessment of Undue InfluenceAssessment of Undue Influence
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Subtypes of UI – Australia Subtypes of UI – Australia
Coercion: “Worse”– Similar: Extortion; Blackmail
Trust / Love: “Trust Me” – Manipulation / Exploitation
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M.D. All Rights Reserved
Subtypes of UI (cont.)Subtypes of UI (cont.)
Salesmanship: “Unconscienable Bargains”
Fraud: Lie
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Models of ManipulationModels of ManipulationEdgar Schein, Ph.D.Robert Lifton, M.D.Margaret Thaler Singer, Ph.D.Robert Cialdini, Ph.D.
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
IDEAL ModelIDEAL Model
Only model designed for investigative and trial use
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
““IDEAL” - Undue Influence*IDEAL” - Undue Influence*
IsolationDependenceEmotional manipulationAcquiescence – Consent/submissionLoss
*”IDEA”Copyright © 1998, 2001 by Bennett Blum. “IDEAL” Copyright©2002. All Rights Reserved.
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
IsolationIsolation
Naturally occurring
Medical Causes
Perpetrator Interference
Geography – Transportation
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M.D. All Rights Reserved
DependencyDependency
Physical
Emotional
Informational
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M.D. All Rights Reserved
Emotional ManipulationEmotional ManipulationFear of loss
– Loss of independence– Loss of home– Loss of companionship– Loss of money/assets– Loss of safety/security– Loss of opportunity (“Now or never”)
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M.D. All Rights Reserved
Emotional Manipulation IIEmotional Manipulation II
GuiltFriendship or “love”Prejudices/biasesAngerGreed, Etc.
*May involve any emotion*
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M.D. All Rights Reserved
AcquiescenceAcquiescence
Access to house, car, credit cards, bank accounts, cash, etc.
Giving property or moneyNaming perpetrator in DPA,
new will, trust, insurance beneficiary documents, etc.
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M.D. All Rights Reserved
Applying the IDEAL ProtocolApplying the IDEAL Protocol
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Case of Mr. MCase of Mr. M
Exam: Deficits in– Memory - Severe– Executive Function – Moderate to
Severe
Pattern - Vascular Dementia
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Mr. M Mr. M Facts re: Undue InfluenceFacts re: Undue Influence
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M.D. All Rights Reserved
Case of Mr. MCase of Mr. M
Criteria:– Isolated– Dependent– Emotional
Manipulation– Acquiescence– Loss
Minimum conditions are met
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M.D. All Rights Reserved
An ignorant doctor is no An ignorant doctor is no better than a murderer.better than a murderer.
- Chinese proverb- Chinese proverb
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Clinician or Forensic Clinician or Forensic Expert?Expert?
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Ask/Determine:Ask/Determine:
Pertinent* knowledge, skill, and experience.
Testimony styleConflicts, fees, etc.How to organize documents
–Send all documents
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Amateur – A person willing Amateur – A person willing to give you the benefit of his to give you the benefit of his
inexperience.inexperience.
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Sources - ISources - IAmerican Academy of Psychiatry and
the Law (AAPL) - 860.242.5450Park Dietz and Associates, Inc.
949.723.2211Bennett Blum, M.D., Inc. 520.750.8868National/local prof. organizations
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Sources - IISources - II
Word of mouthLectures/seminarsLiterature review
Copyright © 2004 by Bennett Blum
M.D. All Rights Reserved
Contact InformationContact InformationBennett Blum, M.D.
Arizona (520) 750-8868
California (949) 723-2211
Web: http://www.parkdietzassociates.com
E-mail: [email protected]