[1][5][4] In assessing capacity, the practitioner evaluates an individual's ability to competently perform tasks (e.g., execute a will or give medical consent).
[1][8][4] Undue influence occurs in various circumstances including, but not limited to domestic violence, hostage situations, cults, prisoners of war, and dictatorships.
The effectiveness of cult tactics (e.g. love bombing) on young and healthy individuals illustrates that anyone, regardless of mental status, is a potential victim of UI under certain circumstances.
[17][18] Due to changes in privity laws, many states allow third-party beneficiaries to bring a lawsuit against an attorney who executed a will that is later deemed to be a product of undue influence.
[19][20] An attorney involved in estate planning should exercise diligence and thoroughly document their work in the event they find themselves exposed to a malpractice suit.
In an effort to address this substantial power distinction, many states allow for the burden of proof to be shifted to the alleged influencer if certain requirements are satisfied.
[4][21] Jurisdictions vary as to the requirements, but in general, the burden is shifted when the combination of a confidential or fiduciary relationship with the donor and suspicious circumstances are found.
Chancellor Bacon found that a woman who "worked on the simplicity and weakness" of an elderly man was guilty of undue influence.
[4] A focus group and a panel of experts were tasked to undertake a study to develop a tool to assist Adult Protective Services, legal professionals, and health practitioners in identifying potential instances of UI.
[5][7] Clinical models have been developed in an effort to assist clinicians and practitioners in determining if UI is present and to build a legal case.
The IDEAL model was developed by the psychiatrist Bennet Blum, M.D., it emphasized the social conditions frequently observed in cases of alleged undue influence.