Search results for ‘Subject term:"mental capacity"’ Sort:
Results 1 - 10 of 15
Abuse by marriage: the exploitation of mentally ill older people
- Authors:
- PEISAH Carmelle, BRODATY Henry, BRIDGER Marie
- Journal article citation:
- International Journal of Geriatric Psychiatry, 23(9), September 2008, pp.883-888.
- Publisher:
- Wiley
This article aims (i) to raise awareness about the vulnerability of mentally ill older persons to abuse by others seeking to gain by marriage; (ii) to outline key legal cases from common law countries; and (iii) to provide guidelines for health care professionals who encounter this issue in practice. Two Australian cases are presented: the first case involved an 87-year-old widower who married his carer- 50 years his junior - in a religious ceremony while hypomanic. The second case involved an 82-year-old widow with moderate dementia who married her boarder, the marriage subsequently being found void in the Family Court of Australia on the basis that her consent was not real because she was incapable of understanding the nature and effect of the marriage ceremony. Abuse by marriage may be of a psychological, sexual, social or financial nature. Older people with impaired judgement and inability to appraise others due to mental illness may be persuaded to execute legal documents such as marriage certificates. Health care professionals may have a role in the identification and management of this kind of abuse. There are legal means to address this problem ranging from guardianship and financial management to family law court applications to seek a decree of nullity/invalidity of the marriage.
Cross-validation of the screening scale in an adult protective services sample
- Author:
- CAMPBELL Rebecca J.
- Journal article citation:
- Journal of Elder Abuse and Neglect, 31(1), 2019, pp.25-37.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Adult Protective Services (APS) professionals are often called on to assess decision-making capacity when investigating financial exploitation. Previous research found that in consecutive APS cases, a decision-making screening scale (LFDSS) also detected financial exploitation. The purpose of this study was to apply the clinical cutoff scores derived from the previous study to a new sample of APS cases. Using a sample of 105 participants, from APS workers across 5 counties this study investigated the clinical utility of the LFDSS to detect financial exploitation based on ratings by APS professionals using the scale. Results demonstrate that the LFDSS has excellent internal consistency and clinical utility properties. This paper provides support for use of the LFDSS as a reliable and valid instrument. Instructions for use of the LFDSS are included in the article, along with information about online support tools. (Publisher abstract)
The good, the bad, and the ‘vulnerable older adult’
- Author:
- PRITCHARD-JONES Laura
- Journal article citation:
- Journal of Social Welfare and Family Law, 38(1), 2016, pp.51-72.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Recent declarations by the Court of Appeal indicate that the inherent jurisdiction has survived the implementation of the Mental Capacity Act 2005 for adults considered ‘vulnerable’ and whose decision-making is threatened by reasons other than mental impairment – such occasions may include instances of elder abuse. In this paper the author argues, however, that the post-Mental Capacity Act courts have adopted a confused and outmoded concept of the vulnerable older adult, in particular where decision-making is threatened by abusive interpersonal relationships experienced by an older individual. This has particular implications in terms of the types of remedies imposed by the courts on older adults in such circumstances. In this article the author suggests that by being more cognisant of recent more nuanced understandings of vulnerability, the courts may be better suited to identifying, and responding to perceived sources of vulnerability in a way that is more empowering for the older adult. (Publisher abstract)
Gaining access to an adult suspected to be at risk of neglect or abuse: a guide for social workers and their managers in England
- Author:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE
- Publisher:
- Social Care Institute for Excellence
- Publication year:
- 2018
- Pagination:
- 20
- Place of publication:
- London
The guide has been created to provide information on legal options for gaining access to adults suspected to be at risk of abuse or neglect. The safeguarding duties under the Care Act 2014 apply to an adult who: has needs for care and support (whether or not the local authority is meeting any of those needs); is experiencing, or at risk of, abuse or neglect; as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of, abuse or neglect. The guide provides a source of reference in situations of uncertainty, rather than as a learning tool, laying out the potential routes to resolution. Sections of the guide discuss: practical issues and principles in adults safeguarding; the difficulties and duties involved in gaining access; and the legal powers that may be required in gaining access. Links to information on the relevant legislation and case law are included throughout the guide. The guide was originally published in 2014 and updated in October 2018 (Edited publisher abstract)
The Interview for Decisional Abilities (IDA): a tool to assess the decisional capacity of abused and neglected older adults
- Authors:
- ABRAMS Robert C., et al
- Journal article citation:
- Journal of Elder Abuse and Neglect, 31(3), 2019, pp.244-254.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
This article presents the Interview for Decisional Abilities (IDA), a semi-structured tool for use by adult protective services (APS) workers as part of their comprehensive assessments of clients. The IDA was created in response to a Federal mandate to standardise the procedures and competencies of APS agencies with a view to improving client assessments and facilitating cross-jurisdictional research on adult mistreatment. The proximal aim of the IDA is to guide workers in gathering information on the ability of suspected victims of adult mistreatment to make decisions about the risks they face. (Edited publisher abstract)
Family group conferences: an opportunity to re-frame responses to the abuse of older people?
- Authors:
- PARKINSON Kate, POLLOCK Sarah, EDWARDS Deanna
- Journal article citation:
- British Journal of Social Work, 48(4), 2018, pp.1109-1126.
- Publisher:
- Oxford University Press
Recent legislative and policy changes in adult social care have refocused attention on a strengths-based approach to social work practice. The Care Act 2014 advocates a more inclusive and holistic understanding of individual well-being, which is evident by its expectation of more personalised responses to safeguarding. Family Group Conferences (FGCs) fit well with this policy shift but require further exploration before being integrated into work with adults. A fictitious case study was analysed through an organic group discussion, during which the authors applied their professional expertise to explore the appropriateness of FGCs to provide a response to adult-safeguarding cases. FGCs provide a viable alternative to traditional decision-making approaches in the adult-safeguarding field. The case analysis exposes three main areas that require further consideration to ensure effective implementation. The areas identified are divided into mental capacity, risk and funding. It is important that policy makers and local authorities acknowledge the complexity of transferring an approach originally designed for working with children and families to the context of social work with older adults. More effort should be made to address the practice tensions outlined within the article. (Edited publisher abstract)
Alleged financial abuse of those under an enduring power of attorney: an exploratory study
- Authors:
- PURSER Kelly, et al
- Journal article citation:
- British Journal of Social Work, 48(4), 2018, p.887–905.
- Publisher:
- Oxford University Press
This article examines the issue of alleged elder financial abuse arising from the misuse of an enduring power of attorney (EPA) and the experiences of those vulnerable elders in attempting to access justice to gain information about their situation and/or to remedy the abuse. To achieve this, case file notes from 100 individuals aged sixty-five years and over who sought assistance from an Australian not-for-profit advocacy organisation were analysed. In particular, this article focuses on the nature of the allegations of financial abuse to illustrate the complexities that exist for those in these circumstances. Second, it will consider both the barriers and enablers of access to justice evident in the case files of the individual alleged victims. Lastly, based on the evidence presented, it will consider how these circumstances can be better managed or improved upon, particularly from the perspective of service providers and aged-care professionals. (Edited publisher abstract)
Researching the financial abuse of individuals lacking mental capacity
- Author:
- DALLEY Gillian
- Journal article citation:
- Journal of Adult Protection, 19(6), 2017, pp.394-405.
- Publisher:
- Emerald
The purpose of this paper is to report on the aspects of an exploratory investigation into the scale and nature of the financial abuse of adults lacking mental capacity. Design/methodology/approach: It uses mixed-methods study which comprises of: a review of safeguarding adults’ statistics; analysis of court case findings; classification of types of financial abuse, victims and perpetrators; qualitative exploration of professional views of the nature of financial abuse of those lacking mental capacity; and a consideration of policy implications. Findings: It demonstrates the significance of financial abuse within the spectrum of abuse experienced by adults at risk; the wide range of both victims lacking capacity being abused and type of financial abuse; its often hidden nature embedded within the family; and the limitations of processes designed to protect. Research limitations/implications: The investigation reveals the paucity of statistical data available on the nature of financial abuse and the outcomes of official investigations into reported cases, both of which limit analysis and understanding of the phenomenon. Practical implications: It demonstrates the need for greater transparency and consistency in the reporting of safeguarding and legal processes to enable practitioners and policymakers to fully understand the nature and significance of this abuse for both victims and society. Social implications: It questions the extent to which existing protective processes are sufficient in terms of safeguarding victims and deterring perpetrators. Originality/value: It involves original research that brings together data from a range of sources involved in the protection of a particular hard-to-reach group of individuals (those lacking capacity) from a particular type of risk (financial abuse) of increasing social significance. (Publisher abstract)
Cognitive, social, and neural determinants of diminished decision-making and financial exploitation risk in aging and dementia: a review and new model
- Author:
- SPRENG R. Nathan
- Journal article citation:
- Journal of Elder Abuse and Neglect, 28(4-5), 2016, pp.320-344.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
The authors briefly review how changes in brain and in cognitive and social functioning, across the spectrum from normal to pathological ageing, can lead to decision-making impairments that increase abuse risk in many life domains (e.g., health care, social engagement, financial management). The review will specifically focus on emerging research identifying neural, cognitive, and social markers of declining financial decision-making capacity in older adults. The authors highlight how these findings are opening avenues for early detection and new interventions to reduce exploitation risk. (Edited publisher abstract)
Care professionals' understanding of the new criminal offences created by the Mental Capacity Act 2005
- Authors:
- MANTHORPE Jill, SAMSI Kritika
- Journal article citation:
- International Journal of Geriatric Psychiatry, 30(4), 2015, pp.384-392.
- Publisher:
- Wiley
Objectives: Implemented in 2007, the Mental Capacity Act (MCA) 2005 codified decision-making for adults unable to make decisions for themselves in England and Wales. Among other changes, two new offences of wilful neglect and ill-treatment were created under Section 44. This study explored how the MCA was being implemented in community-based dementia care, focusing on frontline practice. Method: Using qualitative longitudinal methodology, the authors interviewed 279 practitioners, in the London and South-East area of England, two or three times over 3 years. A framework analysis to identify and delineate recurrent themes was applied. Results: Views of the new offences were positive overall, but understanding ranged from partial to non-existent among some participants. Conclusions: Clinicians may be increasingly called upon to provide advice on whether an alleged victim or perpetrator lacks decision-making capacity in cases of suspected elder abuse. They need to be aware of the new criminal offences to ensure that people with dementia, among others, are not abused and that abusers are brought to account. (Edited publisher abstract)