In Heinrich v. Silvernail, 23 Mass. App. Ct. 218, 500 N.E.2d 835 (1986), Defendant Silvernail was a terminally ill elderly man who lived in a nursing home and became close with Heinrich, a social worker who cared for him. Heinrich, 23 Mass. App. Ct. at 219-22. Heinrich visited Silvernail every day and cared for him, took charge of his bank accounts and his checkbook, and collected and deposited his social security checks. Heinrich stayed close with Silvernail even after leaving her job as a social worker. Silvernail was dependent upon Heinrich to carry out his business affairs because his illness prevented him from doing so. In finding a confidential relationship existed between the parties, the Court relied on the degree of trust and control Mr. Silvernail placed in Ms. Heinrich and the fact that the parties had a client/social worker relationship. Id. In Heinrich v. Silvernail, the decedent had amended his will to leave substantially all of his estate to his social worker, and make her the executrix of the will. The decedent's brother and niece opposed the petition for probate of the will and alleged that the social worker exercised undue influence over the decedent. The Appeals Court held that there was no undue influence, in part because the relationship between the decedent and the social worker "did not manifest the relinquishment of control over financial affairs, the conferral of wise authority to act on important matters and make discretionary judgments" that are present in relationships susceptible of undue influence. Moreover, the court noted that the social worker had never "attempt[ed] 'negatively [to] influence, manipulate or cajole [the decedent] in any way,'" the social worker was not present during the time that the will was drawn and executed, and the decedent had independent counsel.