Questions on Undue Influence and Financial Exploitation

These are phrased for interviewing the victim but can be modified to use with other witnesses.

Changes in Life Circumstances

Have there been recent changes in your life? Examples:

  • Death of a spouse
  • Diagnosis of serious medical condition
  • Loss of assets
  • Activities you have discontinued
  • Frequency of visits with family and/or friends
  • Loss of animal companion (pet)
Isolation
  • How often do you leave home?
    • What do you do when you leave?
    • Can you drive yourself?
    • Do you have a license?
    • Do you have a car?
    • Is the car in working order?
  • Who are your close friends?
    • Family?
    • When is the last time you visited them?
    • When is the last time they saw you?
    • Why are you seeing them less often? (Check for planted information, cutting off from family and friends, and isolation.)
  • Do you go to church, synagogue, or mosque?
    • Did you used to go?
    • When did you stop participating?
    • Why?
  • Do you see the mail when it arrives?
    • Do you read it?
    • Did you previously?
    • Who gets and reads the mail?
    • Why the change?
  • If you need to use the telephone, where is it?
    • Can you reach it?
    • Is it in working order?
    • Do you know your phone number?
    • Have there been changes in the service?
  • Do you have a radio?
    • Do you have a television?
    • Do you watch or listen?
    • How often?
    • If not, did you previously do so?
    • Why did it change?
    • Can you hear the radio or television?
    • Can you see the television?
    • Whose idea was it to stop?
  • Do you receive a newspaper?
    • If not, did you previously receive a paper?
    • When did it stop?
    • Why?
  • Do you have a computer?
    • Has your access to e-mail or the Internet changed?
    • Why?
Questions about the Suspect and Relationship
  • Are there any new people in your life?
    • Who?
    • How did you meet?
    • When?
    • How often do you see them?
    • Given gifts to them?
    • Made loans?
    • Offered to pay for things for them?
    • Paid for things for them?
    • Have they offered to do things for you?
    • How would you describe your relationship?
  • Does the suspect live with you?
    • Why?
    • When did they move in?
    • Do they pay rent?
    • What do they do within your home?
    • What do you know of the suspect’s life?
    • Are they married?
    • Do they have children?
    • Where did [suspect] live before?
Questions about Financial Decision Making
  • How do you decide how to spend your money?
    • For giving gifts?
    • To whom have you previously given items of value?
    • On what occasions?
  • Do you have a will?
    • Any changes to it?
    • Why?
    • Were there changes to the people to receive bequests?
    • The amount they were to receive?
    • Any new beneficiaries?
    • What has your relationship been to the people in the first will?
    • What changes have there been?
  • Do you live on a fixed budget?
    • Do you have concerns about having enough money to last for your lifetime?
    • To provide inheritances?
    • For whom?
    • What advanced planning have you done?
    • Who assisted you with those plans?
    • Are there written documents?
    • Where are they?
  • Have you changed your plans?
    • If so, in what way?
    • When?
    • Why?
    • Did someone suggest that you make those changes?
    • Did you consult your attorney/financial advisor/professional in making the changes?
    • Was it the same professional who helped with the original documents?
    • If not, is there a reason you went to someone else?
    • Who suggested the new professional to help you?
    • Did someone drive you to the meeting where the new documents were prepared?
    • Who witnessed the signing?
    • Who was present during the meetings with the professional?
    • Who paid for the professional’s services?
  • Where do you bank?
    • How long have you banked there?
    • Have there been any changes to your bank accounts?
    • Any names added to the account?
    • Any new accounts opened?
    • Where do monthly statements come?
    • Have you checked the statements recently?
    • How much money is in your checking account? Savings?
    • IRAs?
    • Other accounts?
    • If there have been changes, who selected the new bank?
    • Did anyone drive you to the bank to make the changes?
  • Have you executed a power of attorney?
    • Whom have you designated to be your decision maker?
    • Did you have another POA?
    • Who was the decision maker in the earlier POA?
    • Why did you make the change?
    • Who suggested it?
Questions about Fear
  • Are there people you are afraid of?
    • Does anyone make you uncomfortable?
    • Do you think someone wants to put you in a nursing home or move you out of your home?
  • Steal your money?
    • Why do you believe that?
Other Witnesses
  • Has the victim suffered a loss?
    • Grieving?
    • Financial?
    • Is the victim ill?
    • Has there been any recent change in health status?
    • Is the victim depressed?
    • Is there any history of mental illness, including depression?
  • Is the victim isolated?
    • In what ways?
    • By whom?
    • What is the relationship between victim and suspect?
    • How does each party characterize the relationship? Is the victim different since the suspect entered the victim’s life?
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