Which of the following is NOT an example of undue influence?

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The correct choice is identified as an instance that does not exemplify undue influence. When a testator has a clear understanding of their decisions, it indicates that they are capable of making informed choices regarding their estate. This understanding is critical in the context of wills and trusts, as it supports the idea that the testator's intentions are genuine and free from outside coercion or manipulation. A clear grasp of one’s decisions signifies that the individual has thought through their options and has made deliberate choices about how their assets will be distributed, which is the foundational requirement for a valid will.

In contrast, the other situations highlight factors that may lead to the possibility of undue influence. Utilizing a power of attorney to manage finances can be problematic if it includes coercive or manipulative practices; it creates an opportunity for someone to exert control over another's affairs. A child caring for a parent in declining health could also be scrutinized if the care provided is intertwined with financial or legacy discussions where the parent might be vulnerable. The creation of a will that favors one beneficiary without justification may raise questions about whether the testator was influenced or pressured to make that decision under duress or manipulation from the favored beneficiary. All these scenarios possess potential for undue influence, making the correct answer

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