scholarly journals Alleged Financial Abuse of Those under an Enduring Power of Attorney: An Exploratory Study

2018 ◽  
Vol 48 (4) ◽  
pp. 887-905 ◽  
Author(s):  
Kelly Purser ◽  
Tina Cockburn ◽  
Cassandra Cross ◽  
Helene Jacmon
2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Owen P. O'Sullivan

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.


2015 ◽  
Vol 39 (5) ◽  
pp. 528 ◽  
Author(s):  
Vanette E. J. McLennan ◽  
Jennifer H. M. Boddy ◽  
Michelle G. Daly ◽  
Lesley M. Chenoweth

Objective This paper reports on the experiences and perspectives of community members in relation to advance healthcare directives and enduring power of attorney, including the factors that encourage or discourage engagement in advance care planning (ACP). Methods A qualitative methodology was used involving 26 in-depth telephone interviews with community members (mean age 66 years). The aims of the interview question were to gain an understanding of: (1) motivations for engaging in ACP; (2) barriers that prevent people from engaging in ACP; and (3) suggestions for promoting ACP. Results The findings suggest that: (1) community members lack knowledge about ACP; (2) forms appear inaccessible and complex; (3) community members avoid ACP due to fear, mistrust and concerns over control; and (4) there are misperceptions regarding the relevance of ACP based on age and health. Conclusions There is unnecessary fear, avoidance and mistrust around ACP activities, largely resulting from misinformation. There is an undoubted need for greater education and support to be offered to individuals and their families regarding ACP, its benefits and its limitations. What is known about the topic? There is a lack of awareness about ACP in Australia, which is compounded by issues in the accessibility of ACP information, forms and support in completing the often complex documentation. Further, studies have indicated health practitioners tend to avoid assisting patients with ACP decision making and formalisation of their wishes for health care should they lose testamentary capacity. What does this paper add? This paper contributes further understanding of the experiences and perceptions of people, particularly older Australians, in relation to ACP, including the motivating and discouraging factors for people in the uptake of advance healthcare directives and enduring power of attorney. People felt discomfort and mistrust about ACP, and lacked understanding of its relevance regardless of age or health status. Those who had engaged in ACP, prompted by family members or experiences in, or witnessing, ill health, felt a sense of security in having formalised their wishes. What are the implications for practitioners? It is now clear that people require improved provision of information and support around ACP-related activities. This support may best be offered by practitioners such as nurses and social workers who are knowledgeable regarding ACP and skilled in counselling. Without discussion of death and dying, and the role of ACP, people will continue to feel a mistrust and avoidance towards formalising their healthcare wishes in advance.


2017 ◽  
Vol 23 (9) ◽  
pp. 9060-9064
Author(s):  
Usharani Balasingam ◽  
Saroja Dhanapal ◽  
Johan Shamsuddin Sabaruddin ◽  
Norbani Binti Mohamed Nazeri

2014 ◽  
Vol 20 (1) ◽  
pp. 59-62
Author(s):  
Victor WC Lui ◽  
◽  
Charles CY Chiu ◽  
Rachel SF Ko ◽  
Linda CW Lam

1988 ◽  
Vol 12 (8) ◽  
pp. 336-337
Author(s):  
Linda A. Hardwick

2012 ◽  
Vol 24 (9) ◽  
pp. 1454-1464 ◽  
Author(s):  
Jill Manthorpe ◽  
Kritika Samsi ◽  
Joan Rapaport

ABSTRACTBackground: The risks of financial exploitation and abuse of people with dementia remain under-researched. Little is known of the views of those responsible for local adult safeguarding systems about prevention and redress. We explore current repertoires of responses of such persons and consider barriers and facilitators to minimizing risks of financial abuse for people with dementia.Methods: Fifteen qualitative interviews were undertaken with a purposively sampled group of Adult Safeguarding Co-ordinators in England in 2011. Framework analysis delineated themes in the transcripts; these were included in an iteratively developed coding framework.Results: Five themes were explored: (1) incidence of financial abuse; (2) impact of dementia on safeguarding responses; (3) warning signs of financial abuse, including neglect, unpaid bills, limited money for provisions; (4) encouraging preventive measures like direct debit to pay for bills, advance care plans, appointing Lasting Power of Attorney; and (5) barriers and facilitators in safeguarding, including the practice of financial agencies, cultural barriers, other systemic failures and facilitators. Not all systems of financial proxies are viewed as optimally effective but provisions of the Mental Capacity Act 2005 were welcomed and seen as workable.Conclusions: Healthcare professionals may need to be more alert to the signs and risks of financial abuse in patients with dementia both at early and later stages. Engaging with safeguarding practitioners may facilitate prevention of abuse and effective response to those with substantial assets, but the monitoring of people with dementia needs to be sustained. In addition, professionals need to be alert to new risks from electronic crime. Researchers should consider including financial abuse in studies of elder abuse and neglect.


2021 ◽  
Vol 41 (3) ◽  
pp. 327-351
Author(s):  
Hyunjoo Lee ◽  
Hyojung Kim

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Binish Baburaj ◽  
Ciara Pender ◽  
Eamonn Cooney ◽  
Jennifer Maher ◽  
Karen Sayers ◽  
...  

Abstract Background Enduring Power of attorney (EPA) is a simple legal document. A person can choose a specific individual(s) to take care of both personal and financial affairs in the event of losing mental capacity in the future. The objective of this study is to understand what proportion of frail older patients has either an EPA or an awareness of EPA Methods Consecutive emergency department (ED) patients identified as Variable Indicative of Placement (1) positive at triage, were assessed using an interdisciplinary assessment tool (IAT) for 2 months (February 2019 to March 2019). Age, gender, Clinical Frailty Score (CFS) and awareness of EPA were recorded on an Excel database. Simple descriptive statistics were used Results 150 patients with a mean (SD) age of 83.1(7.4) were assessed by the multidisciplinary team. The female to male ratio was 1.2:1. The mean (SD) CFS was 5.5(1.2). 56 patients were asked about EPA. 96 patients were not asked about EPA. 27% (n=14) patients had an EPA in place and one was in the process of making it. 41 patients neither had an EPA nor awareness of EPA. There was no gender difference between groups Conclusion This is the first Irish and international study assessing the awareness of EPA in patients presenting to ED.In this small sample of frail older patients, a quarter of those asked had an EPA. A hospital admission represents an opportunity to discuss future care planning, including EPA. The majority of patients were not asked about EPA by the assessor, as it was felt to be inappropriate at the assessment time. A patient centred approach to introducing these difficult but important discussions needs to be developed.


1988 ◽  
Vol 12 (8) ◽  
pp. 336-337
Author(s):  
L. A. Hardwick

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