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Copyright © 2004 by Bennett Blum. All Rights Reserved Undue Influence and the Exploitation of People with Disabilities Bennett Blum, M.D. Park Dietz and.

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Presentation on theme: "Copyright © 2004 by Bennett Blum. All Rights Reserved Undue Influence and the Exploitation of People with Disabilities Bennett Blum, M.D. Park Dietz and."— Presentation transcript:

1 Copyright © 2004 by Bennett Blum. All Rights Reserved Undue Influence and the Exploitation of People with Disabilities Bennett Blum, M.D. Park Dietz and Associates, Inc. Newport Beach, California

2 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved This lecture provides basic information only. Do not claim special expertise based upon this lecture, even if you have an extensive clinical background.

3 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Undue Influence and Financial Exploitation

4 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Crimes Associated With Financial Abuse AssaultGang Crime BatteryHomicide BurglaryProstitution Drug Abuse/ TrafficKidnapping ExtortionRobbery FraudVandalism (Etc.)

5 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Effects on Victims Material – Housing – Transportation – Clothing – Food

6 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Effects on Victims Health Related – Depression – Heart Disease – Lung Diseases – Decreased Immune Function – Medical Care – Medication – Increased Mortality Rate

7 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Factors Helping Perpetrators Issues affecting victims: Death (elderly) Incompetence (elderly) Fear of retribution Fear of loss of independence Embarrassment/humiliation Fear and confusion re: police/courts

8 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Factors Helping Perpetrators Societal Misconceptions: Bias against victims “Civil mirage” “Others will do the work” Mistaken beliefs re: mental capacity Mistaken beliefs re: undue influence

9 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Mental Capacity vs. Undue Influence Mental Capacity Assessment – Behavior & abilities Undue Influence Assessment – Impact of suspect’s behavior

10 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Assessing Potential Financial Abuse Situations Vulnerable adults High-risk situations

11 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Vulnerable Adults Cognitive impairment Serious/multiple medical problems Abuse substances Depressed Bereaved

12 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Vulnerable Adults (cont.) Lonely Isolated Overly trusting Paranoid/fearful Prejudices or strong political beliefs

13 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved High-Risk Situations Change in: Spending Investment behavior Gift-giving and/or recipients Family structure or friendships Personal residence__________ Minimal interaction with others

14 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Undue Influence No medical definition. No model proves undue influence. Judicial decision. Models define the necessary behaviors/conditions

15 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Undue 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, 6 th edition, 1990 p. 1528]

16 Copyright © 2004 by Bennett Blum. All Rights Reserved Assessment of Undue Influence

17 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Subtypes of UI – Australia Coercion: “Worse” – Similar: Extortion; Blackmail Trust / Love: “Trust Me” – Manipulation / Exploitation

18 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Subtypes of UI (cont.) Salesmanship: “Unconscienable Bargains” Fraud: Lie

19 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Models of Manipulation Edgar Schein, Ph.D. Robert Lifton, M.D. Margaret Thaler Singer, Ph.D. Robert Cialdini, Ph.D.

20 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved IDEAL Model Only model designed for investigative and trial use

21 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved “IDEAL” - Undue Influence* Isolation Dependence Emotional manipulation Acquiescence – Consent/submission Loss *”IDEA”Copyright © 1998, 2001 by Bennett Blum. “IDEAL” Copyright©2002. All Rights Reserved.

22 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Isolation Naturally occurring Medical Causes Perpetrator Interference Geography – Transportation

23 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Dependency Physical Emotional Informational

24 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Emotional Manipulation Fear 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”)

25 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Emotional Manipulation II Guilt Friendship or “love” Prejudices/biases Anger Greed, Etc. *May involve any emotion*

26 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Acquiescence Access to house, car, credit cards, bank accounts, cash, etc. Giving property or money Naming perpetrator in DPA, new will, trust, insurance beneficiary documents, etc.

27 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Loss Loss while alive

28 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Applying the IDEAL Protocol

29 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Case of Mr. M

30 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Case of Mr. M Exam: Deficits in – Memory - Severe – Executive Function – Moderate to Severe Pattern - Vascular Dementia

31 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Mr. M Facts re: Undue Influence

32 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Case of Mr. M Criteria: – Isolated – Dependent – Emotional Manipulation – Acquiescence – Loss Minimum conditions are met

33 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Recanting Victims

34 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Finding an Expert

35 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved An ignorant doctor is no better than a murderer. - Chinese proverb

36 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Clinician or Forensic Expert?

37 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Ask/Determine: Pertinent* knowledge, skill, and experience. Testimony style Conflicts, fees, etc. How to organize documents – Send all documents

38 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Amateur – A person willing to give you the benefit of his inexperience.

39 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Sources - I American Academy of Psychiatry and the Law (AAPL) Park Dietz and Associates, Inc Bennett Blum, M.D., Inc National/local prof. organizations

40 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Sources - II Word of mouth Lectures/seminars Literature review

41 Copyright © 2004 by Bennett Blum M.D. All Rights Reserved Contact Information Contact Information Bennett Blum, M.D. Arizona (520) California (949) Web:


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