Financial abuse, statutory provisions and the courts: adequacy and analysis of enduring and lasting powers of attorney

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Owen P. O'Sullivan
Keyword(s):  
At Risk ◽  
Older People ◽  
Design Methodology ◽  
Case Law ◽  
Power Of Attorney ◽  
Content Type ◽  
The Public ◽  
Financial Abuse ◽  
Financial Exploitation ◽  
Enduring Power

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.

Misunderstandings about older people fuel corona virus complacency

2020 ◽  
Vol 24 (4) ◽  
pp. 269-272
Author(s):  
Ellery Altshuler
Keyword(s):  
Quality Of Life ◽  
Data Collection ◽  
Older People ◽  
Economic Impact ◽  
Design Methodology ◽  
Content Type ◽  
Public Response ◽  
The Public ◽  
Personal Experiences

Purpose The purpose of this paper is to explore public assumptions underlying the apparent disregard for the lives of older people during the coronavirus outbreak. It attempts to dispel myths about quality of life among older people. Design/methodology/approach This paper integrates the author’s personal experiences as a doctor with data collection, which involved general PubMed searches for articles relating to the public response to the effect of coronavirus on older people; beliefs about the lives of older people; and issues of happiness, contentedness and quality of life in older people. Findings Some people have concluded that the lives of older people – which they believe to be of low quality – are worth risking to lessen the economic impact of coronavirus. This morbid calculation is based in part on the assumption that older people are less happy than younger people. In fact, the evidence shows that as people get older, they become significantly happier. Originality/value This paper asks readers to explore their assumptions about ageing and reaffirms the importance of protecting older people in the midst of the coronavirus pandemic.

Cyberstalking: are we on the same (web)page? A comparison of statutes, case law, and public perception

2017 ◽  
Vol 9 (2) ◽  
pp. 83-94 ◽  
Author(s):  
David DeMatteo ◽  
Suraji Wagage ◽  
Jaymes Fairfax-Columbo
Keyword(s):  
Design Methodology ◽  
Public Perception ◽  
Case Law ◽  
National Sample ◽  
Web Page ◽  
Public Preference ◽  
Content Type ◽  
The Public ◽  
Demographic Questionnaire ◽  
The Usa

Purpose As society becomes more technology oriented, cyberstalking is becoming an increasing concern. The purpose of this paper is to compare US state and federal statutory and case law to a survey of public perception of cyberstalking to examine if cyberstalking laws reflect public opinion. Design/methodology/approach A national sample of 303 participants ranging in age from 18 to 69 years (M=33.35, SD=10.45) completed a novel cyberstalking survey and demographic questionnaire. The survey encompassed participants’ perceptions about the scope of cyberstalking as a crime, views on punishment of cyberstalking, and behaviors they have engaged in online or experienced from others that could constitute cyberstalking. Findings Findings indicated numerous areas of disagreement between public perception and statutory case law, such as a public preference that cyberstalking be treated as a separate offense from stalking, that a threat of violence is not required for behavior to constitute cyberstalking, and that there should be a private civil cause of action for cyberstalking. Findings also indicated that a substantial minority of participants had engaged in or been the victim of cyber actions that could be considered cyberstalking, and that the public preferred sanctions other than incarceration for cyberstalking. Originality/value This is the first study to examine whether cyberstalking policy in the USA reflects public perception of cyberstalking.

Abuse in care? A research project to identify early indicators of concern in residential and nursing homes for older people

2015 ◽  
Vol 17 (2) ◽  
pp. 111-125 ◽  
Author(s):  
David Marsland ◽  
Peter Oakes ◽  
Caroline White
Keyword(s):  
At Risk ◽  
Nursing Homes ◽  
Older People ◽  
Design Methodology ◽  
Structured Interviews ◽  
Content Type ◽  
Health And Social Care ◽  
Organisational Cultures ◽  
Practical Implications ◽  
Early Indicators

Purpose – The purpose of this paper is to contribute to the prevention of the abuse of older people in residential and nursing homes, through the identification of “early indicators of concern”. Such indicators support practitioners in identifying services in which older people are at risk of abuse, neglect and ill treatment. Design/methodology/approach – Semi-structured interviews were conducted with health and social care practitioners in two local authorities (in England and Scotland), who had visited services in which abuse or neglect had occurred. Practitioners were asked about the things that they had seen within the service which had caused them to become concerned. Findings – Over 90 early indicators of concern were identified. These indicators were grouped within six themes which identify key manifestations of service cultures which may promote the abuse of older people. Practical implications – Information and guidance has been developed to enable practitioners to recognise early indicators and identify services in which older people are at risk and in which actions are required to help prevent the onset of abuse. Originality/value – A range of studies have highlighted the importance of organisational cultures in promoting the abuse of older people. The early indicators identified through this research represent visible signs of such poor service cultures which can be observed by practitioners, enabling them to recognise services in which older people are at greater risk.

Older peoples’ sacrifice during COVID-19 pandemic

2020 ◽  
Vol 24 (4) ◽  
pp. 265-268
Author(s):  
Adalberto Fernandes
Keyword(s):  
Older People ◽  
Design Methodology ◽  
Active Role ◽  
World Health ◽  
Content Type ◽  
The Public ◽  
History Of ◽  
Health Organization ◽  
Behavior Models ◽  
Care For Older People

Purpose This paper aims to reflect on the roles that are socially attributed to older people in the COVID-19 pandemic. Design/methodology/approach A discourse analysis of World Health Organization (WHO) recommendations for older people and news articles to explore their concepts about this population during COVID-19. Findings The author’s interpretation suggests that the WHO provides a restrictive model of action for older people in the pandemic. The history of these people is not valued, and their actions are limited to the maintenance of biological life. This restriction can lead to sacrificial behavior models depicted in the news, demanding a reconceptualization of the notion of older people. Originality/value The public model of older people is dangerous for this population during COVID19. The care for older people in this pandemic demands that we co-construct an active role with them for this crisis.

Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?

2017 ◽  
Vol 59 (6) ◽  
pp. 1126-1142 ◽  
Author(s):  
David Balaban Lewis
Keyword(s):  
Design Methodology ◽  
Management Practices ◽  
Case Law ◽  
Council Of Europe ◽  
Content Type ◽  
The Public ◽  
Fit For Purpose ◽  
Legislative Reforms ◽  
The Uk ◽  
Practical Implications

Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere. Design/methodology/approach This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research. Findings The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing. Research limitations/implications The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally. Practical implications It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices. Social implications If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech. Originality/value This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.

Autonomous vehicles: a review of the ethical, social and economic implications of the AI revolution

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shweta Banerjee
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Design Methodology ◽  
Technological Advancement ◽  
Economic Implications ◽  
Content Type ◽  
The Public ◽  
Autonomous Cars ◽  
The Subject ◽  
Practical Implications

PurposeThere are ethical, legal, social and economic arguments surrounding the subject of autonomous vehicles. This paper aims to discuss some of the arguments to communicate one of the current issues in the rising field of artificial intelligence.Design/methodology/approachMaking use of widely available literature that the author has read and summarised showcasing her viewpoints, the author shows that technology is progressing every day. Artificial intelligence and machine learning are at the forefront of technological advancement today. The manufacture and innovation of new machines have revolutionised our lives and resulted in a world where we are becoming increasingly dependent on artificial intelligence.FindingsTechnology might appear to be getting out of hand, but it can be effectively used to transform lives and convenience.Research limitations/implicationsFrom robotics to autonomous vehicles, countless technologies have and will continue to make the lives of individuals much easier. But, with these advancements also comes something called “future shock”.Practical implicationsFuture shock is the state of being unable to keep up with rapid social or technological change. As a result, the topic of artificial intelligence, and thus autonomous cars, is highly debated.Social implicationsThe study will be of interest to researchers, academics and the public in general. It will encourage further thinking.Originality/valueThis is an original piece of writing informed by reading several current pieces. The study has not been submitted elsewhere.

Formation of contracts for the international sale of goods under Korean law and the CISG

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Case Law ◽  
The Other ◽  
Basic Question ◽  
Content Type ◽  
International Sale Of Goods ◽  
The Comparative Study ◽  
International Sales ◽  
Insight Into

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

The identity crisis of sustainable development

2014 ◽  
Vol 11 (1) ◽  
pp. 4-15 ◽  
Author(s):  
Catalin Ratiu ◽  
Beverlee B. Anderson
Keyword(s):  
Sustainable Development ◽  
Design Methodology ◽  
Identity Crisis ◽  
Primary Data ◽  
Future Research ◽  
Clear Understanding ◽  
Content Type ◽  
The Public ◽  
Larger Sample ◽  
Practical Implications

Purpose – There are many different conceptualizations to sustainable development and these different approaches may have led to confusion amongst the public. The purpose of this paper is to explore the identities of the term and how the confused identity may be leading to problems for sustainable development efforts. Design/methodology/approach – The design is exploratory, using both secondary and primary data to understand the different sustainable development concepts. Findings – There is no consistent understanding or use of the term “sustainable development” among various groups. Research limitations/implications – Future research should include a larger sample that is more representative of people from different backgrounds and geographical areas. Practical implications – The public is generally willing to support only projects that it understands. Without a clear understanding of sustainable development, the public will be less inclined to support these efforts. Originality/value – This study examines the perceptions and understandings of the term by the general public representing different generations.

How do employers think about older workers?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Hila Axelrad ◽  
Alexandra Kalev ◽  
Noah Lewin-Epstein
Keyword(s):  
Older People ◽  
Thematic Analysis ◽  
Older Workers ◽  
Design Methodology ◽  
Age Discrimination ◽  
Retirement Age ◽  
Structured Interviews ◽  
Content Type ◽  
Pension Income ◽  
Significant Barrier

PurposeHigher pensionable age in many countries that are part of Organization for Economic Co-operation and Development (OECD) and a shrinking pension income force older people to postpone their retirement. Yet, age-based discrimination in employers' decisions is a significant barrier to their employment. Hence, this paper aims to explore employers' attitudes regarding the employment of workers aged 60–70, striving for a better understanding of age discrimination.Design/methodology/approachThe authors used a thematic analysis of semi-structured interviews with 30 managers, experts and employees in retirement age in Israel.FindingsFindings reveal a spectrum of employers' attitudes toward the employment of older workers. The authors' analytical contribution is a conceptual typology based on employers' perceived ability to employ older workers and their stated attitudes toward the employment of older workers.Social implicationsThe insights that emerge from this research are fundamental for organizational actors' ability to expand the productive, unbiased employment of older workers.Originality/valueBy understanding employers' preferences and perspectives and the implications on employers' ability and/or willingness to employ older workers, this research will help policymakers formulate and implement policy innovations that address these biases.

Dynamics of convergence behaviour in social media crisis communication – a complexity perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Milad Mirbabaie ◽  
Stefan Stieglitz ◽  
Felix Brünker
Keyword(s):  
Social Media ◽  
Emergency Management ◽  
Crisis Communication ◽  
Design Methodology ◽  
Content Type ◽  
The Public ◽  
Analysis Techniques ◽  
Twitter Data ◽  
Convergence Behaviour ◽  
Over Time

PurposeThe purpose of this study is to investigate communication on Twitter during two unpredicted crises (the Manchester bombings and the Munich shooting) and one natural disaster (Hurricane Harvey). The study contributes to understanding the dynamics of convergence behaviour archetypes during crises.Design/methodology/approachThe authors collected Twitter data and analysed approximately 7.5 million relevant cases. The communication was examined using social network analysis techniques and manual content analysis to identify convergence behaviour archetypes (CBAs). The dynamics and development of CBAs over time in crisis communication were also investigated.FindingsThe results revealed the dynamics of influential CBAs emerging in specific stages of a crisis situation. The authors derived a conceptual visualisation of convergence behaviour in social media crisis communication and introduced the terms hidden and visible network-layer to further understanding of the complexity of crisis communication.Research limitations/implicationsThe results emphasise the importance of well-prepared emergency management agencies and support the following recommendations: (1) continuous and (2) transparent communication during the crisis event as well as (3) informing the public about central information distributors from the start of the crisis are vital.Originality/valueThe study uncovered the dynamics of crisis-affected behaviour on social media during three cases. It provides a novel perspective that broadens our understanding of complex crisis communication on social media and contributes to existing knowledge of the complexity of crisis communication as well as convergence behaviour.

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