Definition of Financial Abuse in Health and Social Care

Financial abuse can result in the accumulation of large amounts of debt on behalf of the person being abused, which can be accumulated in a variety of ways. For example, debts can be accumulated through joint loans or credit cards, loans that the perpetrator forced to apply for, loans that the perpetrator falsified, the forged signature of the victim`s survivor, and secondary credit cards linked to the victim`s survivor`s account. To make matters worse, efforts to establish the parameters of financial abuse of older adults are that both the older adult and the abuser may feel that they have a right to the older person`s property (Design, 2000). Older adults may feel a desire to benefit their heirs or to compensate those who give them care, affection or attention (Drawing, 2000; Langan und Mittel, 1996). It can be difficult to distinguish a transfer of assets made with consent from an abusive transfer (Drawing, 2000; Wilber and Reynolds, 1996). This can happen if:• Someone is a victim of another form of abuse such as domestic violence or violence• Someone has a learning disability• Someone has a health problem• Someone is taking medication Unrelated perpetrators have been found to involve professional criminals in the business, deceiving others in general and seniors in particular, while others have been overwhelmed by greed in the given circumstances (Choi et al., 1999). It has been observed that many ex-convicts become paid caregivers for vulnerable people, a practice that remains uncontrolled, as most states do not require a criminal background check and do not prohibit those convicted of certain crimes from working with the elderly (Nerenberg, 2000c). A fourth group of signals is associated with visits to the doctor or other health care providers. One of these signals is the unmet physical needs of a patient, regardless of the availability of financial resources (Salmon and Pillemer, 1995). Other behaviours identified included missed doctor`s appointments, discontinuation of treatment, unusual non-payment for services, decline in physical and mental health, defensive or hostile attitude of the caregiver during visits or on the phone, and a caregiver`s reluctance to leave the elderly person alone during appointments (Tueth, 2000). Because of the differences between child abuse and financial abuse of older adults, models for eliminating financial abuse of older adults may need to take a different approach than models of child abuse. Given the limited amount of research on the subject, it is difficult to determine how a model of child abuse could be applied significantly to the financial abuse of older adults. While financial abuse of older adults is more difficult to detect than child abuse, financial abuse of older adults may require a more proactive model in detecting and responding to cases of such abuse.

While research shows that a large number of egregious incidents of financial abuse among older adults go unreported or not addressed under a child abuse model, broader measures than those established in a child abuse model may be needed to improve the reporting and subsequent investigation of financial abuse reports. Civil penalties for financial abuse include traditional illicit remedies for conversion and fraud (Drawing, 2000). For the above reasons, lawyers are generally reluctant to pursue such civil remedies on behalf of older clients who have been victims of financial abuse. One advantage of these remedies, however, is that damages may be available against the infringer. For example, in 1998, the Alabama Supreme Court approved punitive damages to a couple who had been scammed by an insurance agent to redeem their paid policy and purchase other coverage (Frolik, 2001). At the same time, restrictions on punitive damages have been introduced in a number of states, and many judges are reluctant to obtain them. A study of one county`s APS reports on financial abuse found that about 40% of the perpetrators were sons or daughters of the victim, 20% were other parents (only 1.5% were spouses), and 4% were not parents (Choi et al., 1999). A related study found that spouses were financially abused in only 1.5% of cases, compared with 13.8% of all other cases of elder abuse (Choi and Mayer, 2000). However, the study also found that in 38.8% of cases of financial abuse, unrelated persons were responsible, compared with only 14.7% of all other cases of elder abuse (Choi and Mayer, 2000). Another report concluded that perpetrators are often parents, particularly children or grandchildren of the victim, many of whom rely on the elderly victim for housing or other assistance, have substance abuse problems, and are almost equally represented by both sexes (Coker and Little, 1997). For a brief summary of 12 programmes to support victims of financial crime, see Deem (2000).

There may also be a lack of a clear definition of jurisdiction in such a case, and if the activities cross county, state, and state boundaries, responsibility for investigation and prosecution may not be clear and may be dismissed by various officials (Nerenberg, 2000c). To make matters worse, financial abuse can occur in connection with other crimes such as assault, neglect or false incarceration, which are dealt with by various police or law enforcement agencies (Nerenberg, 2000c). Since it can take a long time to obtain the required evidence and the abuse may not be discovered until long after it has occurred, the current limitation period can be a significant obstacle (Nerenberg, 2000c). States usually grant immunity to a bona fide registrant, whether or not the abuse is confirmed and whether it comes from a mandatory or voluntary registrant (Capezuti et al., 1997; Moskowitz, 1998a; Roby and Sullivan, 2000). In most states, professionals who report abuse are also protected by disclosure laws that prohibit the disclosure of the identity of the person who prepared the report without that person`s written consent (Marshall et al., 2000; Moskowitz, 1998a). States vary when a report is required, with most States having a higher standard for persons who have contact with older persons in a professional capacity and a general standard for all others (Roby and Sullivan, 2000). If such motivations are present, an aggressor may read in the words or behaviour of an older person consent to a transmission that would not have a more objective perspective. The recipient of a gift may argue that the elderly person has given implicit or explicit indications that the person receives certain goods. If consent to a transfer of assets has been clearly given and has not been motivated by fraud, coercion or undue influence, many assets may be transferred on a relatively informal basis.19 Due to the informal and private environment in which such transfers would have been made, transfers may be subject to disputes in good faith, but do not constitute financial abuse. However, individuals with the motivations described above may report consent to a transfer by an older person that has not been given or has not been clearly indicated, or may attempt to obtain such consent through fraud, coercion or undue influence.

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