Search results for ‘Subject term:"elder abuse"’ Sort:
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Financial abuse, statutory provisions and the courts: adequacy and analysis of enduring and lasting powers of attorney
- Author:
- O'SULLIVAN Owen P.
- Journal article citation:
- Journal of Adult Protection, 23(4), 2021, pp.253-262.
- Publisher:
- Emerald
Purpose: Financial abuse can be difficult to detect, and it is deemed to have the same potential to cause distress as other forms of abuse. The delegation of financial affairs brings with it the scope for degrees of exploitation. This study aims to assess the adequacy of the statutory provisions and courts in England and Wales at protecting at risk older people from the harm of financial abuse. Design/methodology/approach: This review focuses on the enduring power of attorney and the lasting power of attorney provisions. Cases discussed were selected based on their judgments’ significance in relation to these powers, the range of issues illustrated and the extent of associated commentary and attention received in the literature. This piece is presented as a narrative review, and as such, references to case law and associated commentary are non-exhaustive. Findings: Shortcomings and vulnerabilities are identified and explored with respect to both provisions. These are contrasted and contextualised in view of the broader challenges and complexities associated with preventing financial abuse within society. Key consideration is given to powers of creation, registration, supervision, objection and revocation in addition to the role and powers of both the Office of the Public Guardian and the Court of Protection. Originality/value: Given these powers of attorney are exercised during a donor’s lifetime, they will directly experience their effects. This review illustrates there remains scope for further reform to introduce new safeguards and bolster existing ones to mitigate the risk of financial exploitation and to support people to plan and safeguard their financial future with increased confidence and security. (Edited publisher abstract)
Older adults and “scams”: evidence from the Mass Observation Archive
- Authors:
- BAILEY Jan, et al
- Journal article citation:
- Journal of Adult Protection, 23(1), 2021, pp.57-69.
- Publisher:
- Emerald
Purpose: The issue of financial abuse is highlighted in the Care Act (2014). One category of financial abuse is consumer fraud or “scams.” Evidence suggests that scams are becoming increasingly ubiquitous, yet how scams impact older adults remains under-researched. The purpose of this paper is to report data from 80 older adults’ written responses to a Mass Observation Archive Directive, commissioned in autumn 2015, which focused on scams. Design/methodology/approach: A qualitative approach was used with data captured via written responses to a set of questions. There was no limit on the length of written accounts, and respondents remained anonymous. Data were analysed thematically, resulting in four key themes. Findings: The data indicated scams impact individuals in terms of health and well-being, irrespective of whether they have experienced financial loss, and trigger implementation of strategies intended to avoid being defrauded. There was also evidence of scam-related stigma with individuals who are defrauded being subject to derision and censure. Social implications: Individuals who have been victimised by fraudsters may need access to practical and emotional support. This requires the design of appropriate interventions and the stigma associated with being scammed to be addressed. Originality/value: This paper adopts an original approach to collecting rich, candid data about an under-researched topic. The authors highlight that anti-scam interventions should equip individuals to identify and avoid scams without inciting fear or anxiety; proposing this may be facilitated by drawing on health and safety risk assessment protocol when designing anti-scam interventions. (Edited publisher abstract)
Financial abuse of older people in Northern Ireland: the unsettling truth
- Author:
- COMMISSIONER FOR OLDER PEOPLE FOR NORTHERN IRELAND
- Publisher:
- Commissioner for Older People for Northern Ireland
- Publication year:
- 2016
- Pagination:
- 24
- Place of publication:
- Belfast
This study provides evidence of the scope and scale of the financial abuse of older people in Northern Ireland. The study interviewed 1,025 people older people (aged 60 and over) across Northern Ireland were surveyed in relation to financial abuse. They were asked 29 questions in relation to their personal finances, money-management and decision-making in the last 12 months. The results found that that 21 per cent of older people surveyed had experienced some kind of financial abuse. The most prevalent forms of financial abuse identified were issues relating to money and possessions (7 per cent of respondents); buying and selling goods (6 per cent of respondents); and issues relating to charity contributions (4 per cent of respondents). Other types of financial abuse identified included: coercion to sign and fraudulent use of signatures; changes to legal and financial documents and investments; experience of coercion; bank account activity; deception and misuse of money; and issues relating to inheritance and power of attorney. Based on the result of the survey sample, which was representative of Northern Ireland’s older population, the findings suggest that over 75,000 older people are experiencing some form of financial abuse in Northern Ireland. (Edited publisher abstract)
Exploring the boundaries between interpersonal and financial institution mistreatment of older people through a social ecology framework
- Authors:
- NAUGHTON Corina, DRENNAN Jonathan
- Journal article citation:
- Ageing and Society, 36(4), 2016, pp.694-715.
- Publisher:
- Cambridge University Press
This analysis was based on a survey of community-dwelling older people (N = 2,021) aged 65 years and older, and examined self-reports of interpersonal and financial institution mistreatment. The prevalence of interpersonal financial abuse was reported by nearly 2 per cent of respondents compared to 1 per cent for financial institution mistreatment. The socio-demographic and health characteristics of the group who experienced interpersonal financial mistreatment were different from those who reported financial institution mistreatment. The boundaries between the two phenomena were explored using a social ecology framework that reflects the influences of ageism and normative practices on elder abuse. The study confirms previous international evidence on interpersonal financial abuse and provides preliminary data on financial mistreatment by financial institutions. The evidence has implications for policy and current preventative strategies that tend to ignore the influence of macro-contextual factors such as legislative and institutional normative practices, government policies and societal attitudes that can act as permissors of some types of financial mistreatment. (Edited publisher abstract)
Correlates of susceptibility to scams in older adults without dementia
- Authors:
- JAMES Bryan D., BOYLE Patricia A., BENNETT David A.
- Journal article citation:
- Journal of Elder Abuse and Neglect, 26(2), 2014, pp.107-122.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
This study examined correlates of susceptibility to scams in 639 community-dwelling older adults without dementia from a cohort study of ageing in the Chicago district. Regression models adjusted for age, sex, education, and income were used to examine associations between susceptibility to scams, measured by a five-item self-report measure, and a number of potential correlates. Susceptibility was positively associated with age and negatively associated with income, cognition, psychological well-being, social support, and literacy. Fully adjusted models indicated that older age and lower levels of cognitive function, decreased psychological well-being, and lower literacy in particular may be markers of susceptibility to financial victimization in old age. (Publisher abstract)
Self-report measure of financial exploitation of older adults
- Authors:
- CONRAD Kendon J., et al
- Journal article citation:
- Gerontologist, 50(6), December 2010, pp.758-773.
- Publisher:
- Oxford University Press
This study was designed to improve the measurement of financial exploitation by testing psychometric properties of the older adult financial exploitation measure (OAFEM), a client self-report instrument. Rasch item response theory and traditional validation approaches were used. Questionnaires were administered by 22 adult protective services investigators from 7 agencies in Illinois to 227 substantiated abuse clients. Analyses included tests for dimensionality, model fit, and additional construct validation. Results from the OAFEM were also compared with the substantiation decision of abuse and with investigators’ assessments of financial exploitation using a staff report version. Hypotheses were generated to test hypothesised relationships. The results demonstrated that the OAFEM, including the original 79-, 54-, and 30-item measures, met stringent Rasch analysis fit and unidimensionality criteria and had high internal consistency and item reliability. The validation results were supportive, while leading to reconsideration of aspects of the hypothesised theoretical hierarchy. Thresholds were suggested to demonstrate levels of severity. The article concludes that the measure should help in the assessment of financial exploitation of older adults by both clinicians and researchers.
Elder abuse: current research in the Russian Federation (2004-2006)
- Author:
- PUCHKOV Pavel Vasilvevich
- Journal article citation:
- Journal of Adult Protection, 8(4), December 2006, pp.4-12.
- Publisher:
- Emerald
This article details findings from a research study on elder abuse and neglect undertaken in Russia. A survey of 2881 older people aged 60 years and older who were known to social services in four districts of Saratov was undertaken to explore the extent of elder abuse and neglect in these areas. Psychological and emotional forms of abuse were found to be the most prevalent form of abuse across all districts.
Consumer fraud and the elderly: a review of Canadian challenges and initiatives
- Author:
- COHEN Carole A.
- Journal article citation:
- Journal of Gerontological Social Work, 46(3/4), 2006, pp.137-144.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Financial abuse is the most common type of elder abuse. Consumer fraud, a form of financial abuse perpetrated by criminals who do not know the victim, is not well studied. Seniors represent a disproportionate percentage of the victims of consumer fraud. This article reviews the data on the prevalence of consumer fraud (primarily telemarketing scams) in Canada. It examines the reasons why Canadian seniors are targets of fraud. It also describes many unique initiatives developed at the local, provincial and national level in Canada to educate seniors and those who care for them about the types of scams and the risks of fraud. (Copies of this article are available from: Haworth Document Delivery Centre, Haworth Press Inc., 10 Alice Street, Binghamton, NY 13904-1580).
Access to assets: older people with impaired capacity and financial abuse
- Authors:
- McCAWLEY Anne-Louise, et al
- Journal article citation:
- Journal of Adult Protection, 8(1), May 2006, pp.20-32.
- Publisher:
- Emerald
This article draws upon findings from a secondary analysis of suspected financial abuse cases in files of the Guardianship and Administration Tribunal in Queensland, Australia. The article explores the association between formal and semi-formal asset management arrangements and suspected financial abuse cases. The role of families as formal asset managers is also considered.
Can her son be trusted?
- Author:
- -
- Journal article citation:
- Community Care, 16.02.06, 2006, pp.40-41.
- Publisher:
- Reed Business Information
A practice panel discuss the case of an 81-year-old mother who does not realise that she is at risk of physical and financial abuse from her son.