Equitable remedies for elder financial abuse in inter vivos transactions

Elder law is a growing area of legal practice due to the increasing numbers and proportions of older people in Australian society. The older generation has greater access to financial resources by way of retirement capital than ever before. Coupled with the current generation’s high level of debt and an increasing dependence on inheritances to meet these debts, this has created an environment in which the potential for elder financial abuse is increasing. This article examines how equitable remedies can be used as an avenue of redress for elder financial abuse. The effectiveness of these remedies, and in particular the prospect of a costs order being awarded against the perpetrator of the abuse in successful claims, may act as a deterrent and assist in preventing elder financial abuse from occurring.

Identifying and enhancing risk thresholds in the detection of elder financial abuse: A signal detection analysis of professionals' decision making

Background: Financial abuse of elders is an under acknowledged problem and professionals' judgements contribute to both the prevalence of abuse and the ability to prevent and intervene. In the absence of a definitive "gold standard" for the judgement, it is desirable to try and bring novice professionals' judgemental risk thresholds to the level of competent professionals as quickly and effectively as possible. This study aimed to test if a training intervention was able to bring novices' risk thresholds for financial abuse in line with expert opinion. Methods: A signal detection analysis, within a randomised controlled trial of an educational intervention, was undertaken to examine the effect on the ability of novices to efficiently detect financial abuse. Novices (n = 154) and experts (n = 33) judged "certainty of risk" across 43 scenarios; whether a scenario constituted a case of financial abuse or not was a function of expert opinion. Novices (n = 154) were randomised to receive either an on-line educational intervention to improve financial abuse detection (n = 78) or a control group (no on-line educational intervention, n = 76). Both groups examined 28 scenarios of abuse (11 "signal" scenarios of risk and 17 "noise" scenarios of no risk). After the intervention group had received the on-line training, both groups then examined 15 further scenarios (5 "signal" and 10 "noise" scenarios). Results: Experts were more certain than the novices, pre (Mean 70.61 vs. 58.04) and post intervention (Mean 70.84 vs. 63.04); and more consistent. The intervention group (mean 64.64) were more certain of abuse post-intervention than the control group (mean 61.41, p = 0.02). Signal detection analysis of sensitivity (Á) and bias (C) revealed that this was due to the intervention shifting the novices' tendency towards saying "at risk" (C post intervention -.34) and away from their pre intervention levels of bias (C-.12). Receiver operating curves revealed more efficient judgments in the intervention group. Conclusion: An educational intervention can improve judgements of financial abuse amongst novice professionals.

Toward understanding social engineering

There is no doubt that social engineering plays a vital role in compromising most security defenses, and in attacks on people, organizations, companies, or even governments. It is the art of deceiving and tricking people to reveal critical information or to perform an action that benefits the attacker in some way. Fraudulent and deceptive people have been using social engineering traps and tactics using information technology such as e-mails, social networks, web sites, and applications to trick victims into obeying them, accepting threats, and falling victim to various crimes and attacks such as phishing, sexual abuse, financial abuse, identity theft, impersonation, physical crime, and many other forms of attack. Although organizations, researchers, practitioners, and lawyers recognize the severe risk of social engineering-based threats, there is a severe lack of understanding and controlling of such threats. One side of the problem is perhaps the unclear concept of social engineering as well as the complexity of understand human behaviors in behaving toward, approaching, accepting, and failing to recognize threats or the deception behind them. The aim of this paper is to explain the definition of social engineering based on the related theories of the many related disciplines such as psychology, sociology, information technology, marketing, and behaviourism. We hope, by this work, to help researchers, practitioners, lawyers, and other decision makers to get a fuller picture of social engineering and, therefore, to open new directions of collaboration toward detecting and controlling it.

Social engineering in social networking sites : the art of impersonation

Social networking sites (SNSs), with their large number of users and large information base, seem to be the perfect breeding ground for exploiting the vulnerabilities of people, who are considered the weakest link in security. Deceiving, persuading, or influencing people to provide information or to perform an action that will benefit the attacker is known as “social engineering.” Fraudulent and deceptive people use social engineering traps and tactics through SNSs to trick users into obeying them, accepting threats, and falling victim to various crimes such as phishing, sexual abuse, financial abuse, identity theft, and physical crime. Although organizations, researchers, and practitioners recognize the serious risks of social engineering, there is a severe lack of understanding and control of such threats. This may be partly due to the complexity of human behaviors in approaching, accepting, and failing to recognize social engineering tricks. This research aims to investigate the impact of source characteristics on users’ susceptibility to social engineering victimization in SNSs, particularly Facebook. Using grounded theory method, we develop a model that explains what and how source characteristics influence Facebook users to judge the attacker as credible.

Violência nas relações de namoro de adolescentes em situação de acolhimento institucional: um olhar da enfermagem

Esta pesquisa tem como objeto de estudo a violência nas relações de namoro de adolescentes em situação de acolhimento. Objetivos: identificar as características das relações de namoro das adolescentes em situação de acolhimento; analisar as vivências da violência nas relações de namoro das adolescentes em situação de acolhimento; descrever as repercussões da violência na vivência das adolescentes. Estudo qualitativo, descritivo e exploratório, tendo como cenário de pesquisa uma unidade pública municipal de acolhimento para adolescentes, localizado na Zona Norte do município do Rio de Janeiro. Os dados foram coletados no período de março a maio de 2014, após a aprovação pelo Comitê de Ética em Pesquisa. O estudo foi realizado com sete adolescentes que residem na unidade de acolhimento, com idades de 12 a 18 anos e que responderam a entrevista semiestruturada. Os dados foram analisados através da técnica de análise de conteúdo tendo emergido três categorias: Características das relações de namoro na perspectiva das adolescentes; A violência nas relações afetivas de adolescentes em situação de acolhimento; repercussões da violência nas relações de namoro das adolescentes. Ao analisarmos as características das relações de namoro na perspectiva das adolescentes, as jovens apontaram suas percepções sobre as características referentes ao comportamento masculino e do parceiro. Algumas percepções são associadas ao comportamento do parceiro com carinho, cumplicidade, apoio e amor. E outras aos comportamentos de mentira, excesso de ciúme e agressividade, a não escolha do parceiro certo, entre outras. Em relação à percepção sobre suas relações afetivas, as adolescentes apontaram ser necessário conhecer primeiro o parceiro, ter uma relação sem briga e sem discussão; expressaram atitudes de submissão, omissão, desilusão amorosa, desvalorização do parceiro, desgaste por desvalorização e não gostar de conversar com o parceiro sobre o relacionamento. Os tipos de violência mais comumente vivenciados e indicados pelas adolescentes em suas relações de namoro foram: violência física e sexual; violência patrimonial; e violência psicológica, verbal e moral. As adolescentes apontaram que tais violências nas relações de namoro trazem repercussões à sua saúde, tais como: repercussão à saúde mental, sentimentos como a autopercepção desvalorizada, um ceticismo, impotência, insegurança e medo. Contudo, cabe destacar que algumas adolescentes em situação de acolhimento, em função das adversidades e história de vida, também apontaram certo grau de resiliência diante das violências vivenciadas. Considerando essa primeira aproximação da realidade das relações de namoro das adolescentes em situação de acolhimento verifica-se a necessidade de ações de cuidado no atendimento à essa clientela. As unidades de acolhimento são cenários facilitadores para ações educativas e de cuidado junto à população de adolescentes, o que facilita a construção de medidas de promoção à saúde sexual e reprodutiva de adolescentes. A enfermagem ao reconhecer que o cuidar constitui um processo dialético entre o indivíduo e o cuidador, mas que também é influenciado histórico e socialmente, tem papel fundamental na proposição de ações de enfretamento à violência nas relações de namoro das adolescentes em serviços de acolhimento.

OLDER WOMEN’S LIFELONG EXPERIENCES OF DOMESTIC VIOLENCE IN NORTHERN IRELAND

Violence against women is a serious criminal and public health issue with devastating consequences for women, families and society. To date, little international research has been given to understanding the needs of older women, who are experiencing domestic violence; that is, physical, sexual, emotional or financial abuse carried out by a spouse or partner. This study fills a significant gap in the literature as the needs of older women who have experienced a lifetime of domestic violence in Northern Ireland are unknown. Health professionals, service providers and policy makers often assume that violence stops at age 55 and there is a noticeable lack of literature, research and guidelines on the issue. The greatest challenge for health visitors is that abuse remains hidden, with women remaining silent and finding it difficult to speak openly or seek help.

Domestic Violence

Since the 1960s, there has been growing awareness regarding the issue of domestic violence as a form of violence against women, which has been largely influenced by the work of feminist activist and scholars in North America and Europe (Dobash and Dobash 1992). Other terms have been used to describe the same phenomenon, including domestic abuse, spousal abuse, wife battering, marital violence, intimate partner violence. Though there is no doubt that this problem has existed for much more than five decades, the tendency to label it as ‘private matters’ or ‘marital disagreements’ has obscured the reality of women living with abuse in their home. At a general level, domestic violence can be defined as the means used by a man in order to assert his control and domination over his intimate partner, whether they are married or not (Mullender 1996). It can involve incidents of physical and sexual violence, as well as verbal, psychological and financial abuse. Though some of its manifestations may be associated with particular cultural or religious groups – e.g. forced marriage and honour killing in South-Asian communities – domestic violence affects women from all classes and backgrounds.

Minding the money: A growing responsibility for informal carers

Managing the assets of older people is a common and potentially complex task of informal care with legal, financial, cultural, political and family dimensions. Older people are increasingly recognised -as having significant assets, but the family, the state, service providers and the market have competing interests in their use. Increased policy interest in self-provision and user-charges for services underline the importance of asset management in protecting the current and future health, care and accommodation choices of older people. Although 'minding the money' has generally been included as an informal care-giving task, there is limited recognition of either its growing importance and complexity or of care-givers' involvement. The focus of both policy and practice have been primarily on substitute decision-making and abuse. This paper reports an Australian national survey and semi-structured interviews that have explored the prevalence of non-professional involvement in asset management. The findings reveal the nature and extent of involvement, the tasks that informal carers take on, the management processes that they use, and that 'minding the money' is a common informal care task and mostly undertaken in the private sphere using some risky practices. Assisting informal care-givers with asset management and protecting older people from financial risks and abuse require various strategic policy and practice responses that extend beyond substitute decision-making legislation. Policies and programmes are required: to increase the awareness of the tasks, tensions and practices surrounding asset management; to improve the financial literacy of older people, their informal care-givers and service providers; to ensure access to information, advice and support services; and to develop better accountability practices.

A total Indifference to Our Dignity: Older People's Understanding of Elder Abuse

Findings show that the current definitions of elder abuse, which centre on the actions or inactions of a person or persons where there is an expectation of trust, ignore wider societal issues like the withdrawal of respect and recognition. This serves to place older people in vulnerable positions.
Standard typologies of abuse were recognised by participants, although sexual abuse was not commonly mentioned except when prompted. However, what also emerged was a new concept of ‘personhood abuse’. This refers to societal attitudes; how these affect a person’s confidence, autonomy and agency resulting in an inability to say no or to stand up for oneself against abusive
acts, words and pressures possibly from fear of negative repercussions such as withdrawal of contact and/or care. Many ways were identified to support older people and reduce the opportunity for abusive actions to occur. They centred on community-based and peer supports through ‘having someone to talk
to’ and being aware of their rights. Continued involvement in community based activity which keeps people active and participating in society, such as community transport and clubs, supported people’s access to amenities and opportunities for engagement and were identified as ways to
prevent abuse from happening. Enhanced status, resources and support therefore need to be given to these types of community activities to prevent abuse occurring in the first place. These types of supports can enable older people to share their concerns in an everyday setting and to gain informal support and confidence; seeking more formal interventions when necessary.

Older people's views of support services in response to elder abuse in communities across Ireland

Purpose – This paper seeks to present findings from the first all-Ireland study that consulted older people on their perceptions of interventions and services to support people experiencing abuse.

Design/methodology/approach – Utilising a grounded theory approach, 58 people aged 65 years and over took part in focus groups across Ireland. Four peer-researchers were also trained to assist in recruitment, data collection, analysis, and dissemination.

Findings – Participants identified preventative community-based approaches and peer supports as important mechanisms to support people experiencing, and being at risk of, elder abuse. Choices regarding care provision and housing, as well as opportunities for engagement in community activities where they can discuss issues with others, were identified as ways to prevent abuse.

Originality/value – The development of elder abuse services has traditionally been defined from the perspective of policy makers and professionals. This study looked at the perspective of the end-users of such services for the first time. The research also gave an active role to older people in the research process. The policy implication of the findings from this research is that enhanced attention and resources should be directed to community activities that enable older people to share their concerns informally thereby gaining confidence to seek more formal interventions when necessary.

Conceptualising elder abuse across local and global contexts: Implications for Policy and Professional Practice on the island of Ireland.

Social policy and professional practice across the island of Ireland is dominated by the WHO (2002) definition of elder abuse and national and professional interpretations of what constitutes elder abuse. Top down, generalist knowledge of the abuse of older people have facilitated paternalistic and protectionist policies and services designed to protect older vulnerable adults across the Republic of Ireland (ROI) and Northern Ireland (NI). However a qualitative study involving 58 older people in six focus groups held across Ireland highlights an alternative understanding of elder abuse grounded in the subjective experiences of older people across urban and rural communities on the island. Indigenous ways of knowing offer a broader and more inclusive understanding of the experience of elder abuse (Lafferty 2012; Dow and Joosten 2012) together with opportunities for the prevention of ageism and the empowering of older people across the jurisdictions.

Developing and Integrating the Management of Elder Abuse in Primary Practice: A Case Study Using A Web-Based CME Course Format

Introduction: As the population in the United States continues to age, more attention in primary practice settings is now devoted toward managing the care of the elderly. The occurrence of elder abuse is a growing problem. It is a condition many professionals in primary care may be ill prepared with the knowledge or resources to identify and manage. [See PDF for complete abstract]