Transcript Elder Abuse Prevention Action Plan

Preventing the Financial Abuse of
Older People by their Family Members
Adjunct Associate
Professor Dale Bagshaw,
Dr Sarah Wendt,
Dr Valerie Adams,
School of Psychology, Social
Work & Social Policy
University of South Australia
Dr Lana Zannettino
School of Nursing and
Midwifery, Flinders
University
(c) Associate Prof Dale Bagshaw, UniSA
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UniSA Research 2007
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Associate Professor Dale Bagshaw
Dr Sarah Wendt
Dr Lana Zannettino
In 2007: we conducted research for and
wrote the South Australian State plan for
the Office for the Ageing
Our Actions for the Prevention of Abuse of
Older South Australians
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(c) Associate Prof Dale Bagshaw, UniSA
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Related Publication

Bagshaw, D., Wendt, S & Zannettino, L.
Preventing the Abuse of Older People by
their Family Members. Stakeholder Paper
7, Australian Domestic and Family
Violence Clearing House, September 2009.
http://www.adfvc.unsw.edu.au
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Our current research: ARC-Linkage Grant
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Associate Professor Dale Bagshaw (UniSA)
Dr Sarah Wendt (UniSA)
Dr Lana Zannettino (Flinders University)
Dr Valerie Adams (UniSA Research Associate)
in partnership with
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SA Dept for Families & Communities (Disability, Ageing and
Carers Branch),
Relationships Australia SA,
Office of the Public Advocate,
Guardianship Board,
Alzheimer’s Australia SA and
supported by the Aged Rights Advocacy Service.
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The focus of our research

Preventing the Financial Abuse of
Older People by a Family
member: Designing and
Evaluating Older Person-Centred
Models of Family Mediation
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The importance of language
We use the phrase
‘abuse of older people’ not
‘elder abuse’
out of respect for our
Indigenous Elders.
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What age determines when
one is ‘old’?
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Varies from 45-65 depending on the
researcher, organisation or service
ABS – starts at 45 which reflects the lower
life expectancy of Indigenous adults.
Commonwealth Age pension – 65+ for
males, 60-65 for females, depending on
when they were born
Our research – 65+
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Understanding and preventing abuse of
older people by their family members is a
priority social justice issue
because of the increase in intra-familial care as a
consequence of
 government ‘ageing-in-place’ policies,
 the rapidly ageing population,
 limited resources for extra-familial care-work,
 international agreements about human rights,
 in addition to the ‘complex and diverse nature of
elder abuse’
(Livermore, Bunt & Biscan, 2001: 41)
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Definitions and types of abuse
The most commonly used definition of
abuse of older people in Australia is:

Any act occurring within a
relationship where there is an
implication of trust, which results in
harm to the older person. Abuse can
include physical, sexual, financial,
psychological, social and/or neglect.
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Responses to the definition from SA service
providers in our prior research
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The vast majority of respondents to
our SA survey of service providers
supported the need for a broader
understanding of abuse to include
abuse occurring in relationships
where there is an imbalance of power
and control (80%), which is central to
definitions of domestic or family
violence.
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Other additions to the definition from SA
service providers in our prior research
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abuse of older people can be gendered
(86%)
abuse of an older person’s rights (86%)
cultural abuse (86%)
spiritual abuse (85%)
abuse of an older person’s pets (85%).
abuse can also involve an act or a failure
to act, as in cases of neglect (73%).
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Abuse is more than physical
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It is likely that many members of the
community may not have heard the term
‘elder abuse’ and/or may only believe that
behaviour is abusive if it is physical.
The older person may be subjected to
several different kinds of abuse at the
same time to a lesser or stronger degree.
Non-physical forms of abuse may be
subtle and hard to detect.
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‘Mistreatment’ sometimes used

Mistreatment can involve an act of
commission (abuse) or omission (neglect)
which can be intentional, wilful, deliberate
or malicious, or unintentional, benign,
passive or recklessness.
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Explanations for perpetrator
behaviour
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Perpetrator behaviour can be labelled as
abusive, neglectful or exploitative,
depending on its frequency, duration,
intensity, severity, consequences and the
cultural context.
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Types of abuse
 physical
abuse can include being
hit, sexually assaulted, burned or
physically restrained
 psychological abuse can include
humiliation, insults, fear, threats
or being treated like a child.
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Neglect
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Neglect can include passive neglect,
which refers to older people being left
alone, isolated, or forgotten and
active neglect, which is the
withholding of items that are
necessary for daily living, such as
food and medicine
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Types of abuse
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Medical abuse can include the
inappropriate use of constraints and
withholding or careless administration of
drugs
Social and environmental abuse can
include a failure to provide human services
and involuntary social isolation
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Financial abuse
making improper use of an older person’s property
or money without his or her knowledge or
permission such as
 forgery
 stealing
 forced changes to a will
 transferring money or property to another
person
 withholding funds from the older person and the
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failure to repay loans.
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Financial abuse
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It can also include the misappropriation of
enduring powers when a trusted person
(usually a family member) is legally
appointed with enduring powers to
manage the financial affairs of the older
person whose frailty is increasing and can
no longer manage their own affairs.
With the ageing population and the
increasing complexity associated with
financial management, this type of abuse
is likely to increase.
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Our findings from prior research
The abuse of older people
 is an under-researched and hidden
problem
 occurs across the spectrum of our society
 is often unrecognised, unreported, and
hard to detect.
There is currently no central register for the
collection of statistics when abuse is
uncovered or reported.
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Prevalence
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Australian and overseas studies have
estimated that between 3 and 5% of older
people aged 65 years and over and living
at home suffer from various forms of
abuse or neglect (Kurrle 2004, p.809).
These figures vary with the methods and
definitions used.
Most of the abused older people are
women
(Rabiner, O’Keefe & Brown, 2004).
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Prevalence in Australia
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Australian Institute of Criminology found
that ‘4.6% of older people are victims of
physical, sexual or financial abuse,
perpetrated by family members and those
in a duty of care relationship’ (Kinnear &
Graycar 1999, p.1).
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Abuse of older people with dementia
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Strong link between abuse of older people
and dementia.
Increasing number of people diagnosed
with dementia specifically in the older age
groups who will not be able to manage
their financial affairs.
Predictions that the number of Australians
who will develop dementia in 2050 will be
approximately 2.8% of the projected
population; currently it is 1%. [1]
[1] Access Economics Pty Ltd, for Alzheimer’s’ Australia. Dementia Estimates
and Projections: Australian States and Territories. February 2005
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Financial abuse
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The Office of Seniors Victoria (2005) has
stated that financial abuse is emerging as
a significant form of abuse, and
highlighted the need for financial literacy
training, support from the financial
services industry, education and
specialised legal services.
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Prevalence and types of abuse
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Other researchers have found that
psychological and financial abuse—
non-physical forms of abuse—are the
most likely forms of abuse to be
reported by people 65 and over
(Schofield et al 2002: 25; Chen et al
2007).
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Financial abuse of older people
by relatives
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Many researchers have also concluded that the
people most likely to commit financial abuse are
the older person’s adult daughter or son
(Brill, 1999; Cripps, 2001; Boldy, Webb, Horner, Davey, & Kingley, 2002;
Faye & Sellick, 2003).
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The Office for the Public Advocate in Western
Australia found that, during 1995-1998, 10% of
applications alleged financial abuse and relatives
were most often the alleged perpetrators.
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Financial abuse from relatives
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The majority of abusers of older people
(80-90%) in Australia are close family
members (Kurrle 2004, p.809).
Kinstle, Hodell and Golding (2008) point
out that adult children or other family
members are most likely to provide the
assistance required by the disabled or
dependent elderly person.
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Although the vast majority of families
provide their ageing parents or relatives
with a safe haven, it is also true that
family members perpetrate the majority of
reported incidents of abuse of older
people (Johnson 1997; Cripps 2001; Boldy
et al. 2002; Cavanagh 2003).
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Gender and abuse
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The Aged Rights Advocacy Service in South
Australia found financial abuse in one third of
100 cases over a period of 2 years, the majority
of which involved women as victims aged over
75 years (James & Graycar, 2000; Cripps, 2001).
Other studies have found that abuse of older
people within the family is still largely the abuse
of older women by older and younger men, and
that older women are particularly at risk of
financial abuse, physical abuse, and sexual
abuse (e.g. see Penhale 1999; Boldy et al. 2002; Faye & Selleck
2003; Nerenberg 2008).
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Gender and abuse
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However, the gendered nature of the
abuse of older people is still relatively
invisible in Australia in spite of evidence
from the Australian Bureau of Statistics
(2006) that one in four women who have
experienced an incident of physical
violence is aged 45 years and older, a
finding supported by other Australian
research (e.g. Morgan Disney & Associates 2000).
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1st UK National Prevalence Study 2009:
Elder Mistreatment (abuse & neglect)
Researchers conducted a face-to-face survey with
2,111 older people 66 and older who were living at
home or in the community and found that
 women (90%) were significantly more likely to
have experienced mistreatment than men during
the previous year,
 there were gender differences according to the
type of abuse and perpetrator characteristics
(Biggs et al, 2009).
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UK Study: gender differences
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Overall, 2.6% of the respondents reported
that they had experienced mistreatment
during the time period, the most common
being neglect (1.1%), followed by
financial abuse (0.7%).
Women were significantly more likely than
men to have experienced neglect and
physical, psychological and sexual forms
of abuse, whereas the prevalence of
financial abuse was similar for both sexes.
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UK study – age and gender effects
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When age and gender effects were compared,
the prevalence of neglect was highest among
women 85 and older, however the interpersonal
abuse of older women decreased with age.
Older people who were separated or divorced
were more likely to be mistreated and people
living alone were more likely than those living
with others to have experienced financial abuse.
The prevalence of mistreatment also
increased with declining health status.
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UK study: perpetrator characteristics
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51% of mistreatment in the past year was
carried out by a partner or a spouse, 49%
by another family member, 13% by a care
worker, and 5% by a close friend.
the main perpetrators of financial
abuse were other family members
(54%) and care workers (31%) and only
13% were partners.
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UK study: perpetrator characteristics
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Men were predominantly the perpetrators
of interpersonal abuse (80%), but the
gender split for financial abuse was
more equal for men and women
(56% men, 44% women).
Overall 53% of perpetrators were living in
the respondent’s household at the time of
the abuse (ibid: 7-11).
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DV and older women
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The domestic violence sector has tended to
focus on younger women and their
dependent children and until recently has not
paid as much attention to older women
experiencing ongoing domestic violence.
Some researchers have recognised that
abuse of older people is highly likely to be
‘spouse abuse grown old’ (e.g. Nerenberg
2008; Leisey, Kupstas & Cooper, 2009;
Brandl, 2000).
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Older women’s experiences may be
different to those of older men
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They tend to live longer than men and
are more likely to be financially abused after
their partner dies (Brozowski & Hall 2004)
They are more likely to be abused by a
broader range of family members than men
(Livermore, Bunt & Biscan 2001).
They are less likely to have access to
superannuation and, therefore, more likely to
rely on the Aged Pension (Association of
Superannuation Funds of Australia 2011).
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Financial abuse of older Aboriginal
Australians
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Financial abuse has also been found
to be the most common form of
abuse experienced by older Australian
Aboriginal people
(Office for the Public Advocate, 2005).
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Culturally and linguistically diverse
older people are at risk of abuse because of
 poor English skills
 social isolation
 dependency on family members
 cross-generational factors which result in
differing expectations of care and support
 fear of being shamed by and excluded
from their communities
Office of the Public Advocate in Western Australia (2006)
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New and emerging populations
Older people in new and emerging
population groups in Australia face
additional challenges in re-settlement e.g.
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family unemployment,
poverty,
the changed roles and rights of older people
(particularly older women),
lack of family support and intervention,
social isolation, and inter-generational conflicts
(Bonar & Roberts 2006).
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Our current research findings
Aim of the first stage of our research
 To critically analyse the current national and
international research and identify models of intervention
designed to prevent the abuse
 To identify and analyse individual, structural & ecological
factors which place people at risk of financial abuse
 To identify the existing strengths & gaps in national
legislation, organisational policies & service provision
currently responding to older people experiencing
financial abuse from a family member
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Methods used to gather data to inform the
development of models of mediation
1.
2.
3.
4.
5.
Extensive review of the literature
Ethics approval from UniSA’s Human Research Ethics
Committee
Online national survey of CEOs of organisations
servicing older people and of family mediation
agencies, using SurveyMonkey (the link to the survey
emailed to CEOs and adverts placed in relevant
publications) – quantitative & qualitative data collected
2-day phone-in with older people and their relatives
National on-line survey of older people and their
relatives (asked CEOs and service providers to
distribute the link and placed adverts in publications
and the Australian).
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Total number of survey responses
CEOs
 Service providers
 Relatives
 Older people
TOTAL:
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228 responses
214 responses
69 responses
45 responses
556 responses
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Causal and risk factors
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CEOs and service providers were asked to
check the factors which contributed to the
financial abuse of older people (multiple
responses were possible) and to add other
factors if they wished.
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Risk factors for the financial abuse of older
people by their relatives
CEOs
(n=164)
Service
providers
(n=160)
Total
(n=324)
1
Family member having a strong sense of
entitlement to older person’s property/possessions
128
135
263
2
3
Family member with a drug or alcohol problem
Older person dependent on a family member for
care
Older person with diminished capacity, e.g.
dementia, depression, mental illness
128
126
127
129
255
255
115
131
246
122
110
109
117
231
227
110
115
225
111
108
219
104
107
211
94
99
193
98
91
189
4
5
6
Family member with a gambling problem
Older person feeling frightened of a family
member
7 Older person lacking awareness of his/her rights
and entitlements
8 Family member who has a history of using
violence/abuse
9 Older person lacking awareness of financial or
other services
10 Older person who has felt coerced into granting
Power of Attorney to a family member
11 Family member who is mentally ill
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Risk factors for the financial abuse of older
people by their relatives
CEOs
Service
(n=164) providers
(n=160)
Total
(n=324)
12 Family member who is poor or unemployed
94
95
189
13 Cultural attitudes to ageing and to older people
90
98
188
14 Families caring for older people having limited or
no access to support networks or services
15 Older person living with a disability
16 Older person having limited or no access to their
money, housing or other resources
17 Older person who has been a victim of
violence/abuse from a family member
18 Cultural beliefs and customs in relation to older
people’s finances and/or property
19 Reluctance of professionals to intervene in family
matters
20 Older person having limited or no access to formal
support services
21 Poor communication between members of an older
person’s family
22 Older person having limited or no access to
informal support networks
23 Older people with limited use of the English
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language
86
86
172
81
76
88
93
169
169
82
83
165
81
84
165
78
75
153
72
80
152
62
86
148
68
72
140
61
69
130
46
Causes and risk factors – CEOs & service providers
24 Older people from Indigenous communities
61
54
115
25 Service providers lacking awareness of the issue
53
60
113
26 Inadequate legislation in relation to financial abuse
of older people
27 Older people from culturally and linguistically
diverse communities
28 Older people living in rural or remote areas
29 Inadequate provision of services for older people
54
54
108
51
48
99
49
45
45
48
94
93
30 Older person who has abused his/her children in
the past
31 Older person sharing a farm or business with a
family member
32 Poor communication/collaboration between
agencies
33 Poor communication/collaboration between
professionals
34 Family members living a long way from the older
person and/or each other
35 Family member who has particular religious or
spiritual beliefs
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53
90
37
48
85
38
42
80
37
35
72
37
29
66
19
19
38
47
Preventative strategies
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Respondents were asked to rank 12
strategies that may enhance the
prevention of financial abuse of older
people by a family member in order of
importance
Responses were received from 132 CEOs
& 123 service providers = total 255
responses.
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Strategies to prevent the financial abuse of older
CEOs
people
(n=132)
Service
providers
(n=123)
Total
(n=255)
61
171
113
46
159
112
40
152
110
38
148
Acknowledge, support & uphold the rights of older
people
Raise the status of older people in Australian
communities with acknowledgement & support for their
rights
Provide information/education to older people and their
families
Raise family & community awareness of financial abuse
of older people
Increase education & training of relevant professionals
110
114
30
144
6
Increase resources/funding for preventative services to
vulnerable older people and their families
112
30
142
7
Increase accessibility of culturally appropriate services
to older people at risk of abuse
109
32
141
8
More family services that directly address the issue of
prevention and early intervention
Increase accessibility of culturally appropriate services
to families with older members
110
27
137
109
20
129
Change legislation and policies
Improve inter-disciplinary and inter-agency
collaboration
More research of ways to prevent the financial abuse of
older people b y a family member
106
106
22
21
128
127
103
15
118
1
2
3
4
5
9
10
11
12
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Reasons for concern
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Older people and their family members were
asked how concerned they were about the
management of the older person’s property,
finances or other assets now, or as s/he gets
older
Respondents who answered ‘Yes’ or ‘Maybe’
were asked to check a list of 13 concerns as a
multiple response question
31 participants responded.
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Reasons for concern (responses from 31 OP and relatives)
Reason for concern
Percentage
No of
responses
A family member borrowed property or money and
not repaid the older person or given things back as
agreed
A family member coerced or persuaded the older
person to sign papers or make financial or property
arrangements
A family member makes decisions about the older
persons finance or property without consulting
him/her
The older person is frightened of being put in a
home or of being left alone if s/he does not agree
to what a relative wants
A family member assumes that s/he can take
money or assets as part of their future inheritance
without the older person’s agreement
The older person’s concerns about finances, assets
or property are not understood or believed by
family members or others
48.4
15
45.2
14
29.0
9
29.0
9
25.8
8
22.6
7
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%
No of
responses
16.1
5
The older person is unable to pay bills because a
16.1
family member has taken his/her money
A family member is divorced or separated and expects 9.7
or demands financial help beyond what the older
person can afford
A family member is mentally ill and therefore
6.5
financially dependent on the older person
A family member has a gambling problem
6.5
No-one in the family asks what the older person
6.5
wants or needs or his/her answers are not respected
5
A family member is addicted to drugs or alcohol and is
therefore financially dependent on the older person
1
Reason for concern
A family member controls the finances or property of
the older person and does not give the older person
access to things that they need or want
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3.2
3
2
2
2
52
Case examples from older women:

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Since her husband’s death, her son has become more
aggressive and demanding and her daughter requires a
lot of money to send her child to private school
Former partner took all her superannuation and then
abandoned her. She now lives on the age pension in
government housing with no extra income and major
health problems
Gave family member a loan and is now unable to
retrieve the funds
Concerned about her son being manipulative in order to
obtain her finances.
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Examples of family members’ concerns:

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
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
Family members challenge the older person’s wishes
regarding who gets what.
Respondent has spent three years in the Supreme Court
of South Australia on a case of a relative’s financial
abuse of an elderly person and the issue is still ongoing.
A long term friend has witnessed many of the older
person’s close friends/carers take advantage of that
friend’s age, memory and financial position.
Daughters have found it difficult to convince the relevant
government departments that the abuse of their mother
by their brother was actually occurring.
Alzheimer’s makes their older relative an easy target for
financial abuse from family members.
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Examples of family members’ concerns



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Older person feels obligated to assist
children/grandchildren financially, to her
detriment
Relatives bring things that they know the older
person will want to buy
Substantial assets are managed by the older
person’s son with minimal consultation with the
other children
The older person has purchased a property but
placed it in her son’s name. He does not pay
anything on the principal.
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Examples of family members’ concerns


Respondent’s sister is trying to convince her mother to
withdraw large sums of money from her bank account in
case she needs to go to a nursing home, even though
her mother is living independently. Mother feels
pressured on a regular basis by this sibling. Respondent
is concerned that her sister inappropriately withdraws
money from her mother’s bank account
The older person has experienced emotional and
financial abuse by a daughter who refuses to visit or
communicate until the older person gives her demanded
money or buys her significant assets, which is cyclical in
nature. As a result of loneliness and feeling to blame for
the daughter's life outcomes (being single, unhappy and
alcoholic), the older person complies and gives the
daughter money or assets
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Examples of family members’ concerns





Daughter and granddaughter take money from the older
person without asking.
Siblings have been borrowing money from their father
based on the prospect of assumed inheritance with ‘gifts’
being made in the past to purchase new motor vehicles.
Relative is an addicted gambler who is always asking the
older person for monetary support.
Brother taking advantage of his mother’s memory loss
and poor eyesight – getting her to sign cheques for him.
Money has been withdrawn from her mother’s bank
account that her mother cannot account for.
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Barriers to older people reporting abuse.






diminished cognitive capacity
mental or physical disability
poor or restricted mobility
lack of awareness of what constitutes
abuse
lack of knowledge of their rights or
resources
social isolation or fear of alienation
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Barriers to older people reporting abuse







the need to preserve a family relationship
dependency on others in the family
the stigma and shame associated with abuse
literacy and language barriers
religious, generational and cultural barriers
fear of reprisal from the perpetrator and
a perceived or actual lack of options or access to
services.
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Barriers to reporting for older
Indigenous Australians


In Indigenous communities another layer
of complexity relates to the negative,
historical experiences of interventions
which led to separation and loss for many
people.
Older Indigenous people mostly want to
stay in their families and communities and
fear removal if they say anything about
the abuse.
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Barriers to reporting for CaLD victims

Lack of knowledge of Australian law and
services, reliance on family members and
their communities for support, as well as
communication and language difficulties,
can result in older CaLD victims tolerating
abuse
(Bagshaw, Wendt & Zannettino 2007; WA Family &
Domestic Violence Unit 2006).
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Need for a common understanding of what
constitutes abuse of an older person

Social and cultural (rural, ethic,
professional etc) constructions of ageing,
gender and of what constitutes ‘abuse’ are
definitional factors which influence how
the community, older people and service
providers understand and respond to what
is happening in abusive relationships.
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Explanations for abuse

Ramsey-Klawsnick (2000) points out that
there are a variety of theoretical
explanations for abuse of older people by
their family members which give rise to
various descriptions of and responses to
the abuser.
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Complex nature of abuse

Domestic violence research has shown
that all forms of abuse are often
interconnected and are part of a complex,
shifting kaleidoscope or mosaic of abuse,
often with the misuse or abuse of power
and control at the centre (Bagshaw 2003).
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The issue of power
The failure to view family violence through a
gendered lens ignores the social, political
and economic context of family violence, in
particular the structural inequality of power
between men and women in intimate
relationships, and can place many older
victims who have experienced a lifetime
continuum of family violence in a dangerous
and fearful position.
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Models of prevention
Nerenberg (2008, p.35-74) explores the
strengths and limitations of seven models of
prevention which I do not have time to
address today (see our Stakeholder Paper):







Adult Protection Services
Domestic Violence Prevention
Public Health approaches
Victim Advocacy
Restorative Justice
Family Caregiver Support &
Family Preservation
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Approaches to prevention

Abuse of older people is a public issue
requiring a community response and in
serious cases a criminal justice response.
In the United States, growing numbers of
cases involving the abuse of older people
are given increased penalties and or
prosecuted due to new techniques,
procedures and statutory innovations and
to a wide range of professionals receiving
training in abuse detection and response.
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Approaches to prevention of abuse

However, abuse of older people is largely
undetected by service providers’ as it is
invisible and, therefore, service providers
(e.g. doctors, carers, household help,
police, clergy) need education and
resources to assist them to identify abuse,
establish or adhere to appropriate
protocols, screen for abuse, respond
effectively, and make appropriate
referrals.
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Approaches to prevention


Raising awareness of the problem is the
first step towards reducing it - public
education will help combat ageist beliefs.
Specific education for legal, health care
and social service providers is important to
reduce the risk associated with ageism
and other societal beliefs that contribute
to abuse of older people
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Approaches to prevention


There is a need for family and other
informal forms of social support for older
people to maintain their independence
and quality of life.
Participatory models hold the most
potential to address the ageist context in
which abuse occurs, allowing older people
to own responses instead of relying on
professional expertise.
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Interagency collaboration

We stress the importance of interagency
collaboration as the abuse of older people
is a ‘legal, medical, and mental health
issue as well as a social phenomenon’.
The Alliance for the Prevention of Abuse
(APEA) is one example of a collaboration
of South Australian agencies to challenge
the way abuse is understood and
responded to.
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Developing, piloting & evaluating mediation
as a potential preventative approach


In the final phase of our research this year we
are developing models of older-person-centred
family mediation with our Linkage partners and
evaluating the short and long-term effectiveness
of the models from the perspective of the
mediators and the participants.
Relationships Australia (Adelaide and Berri
offices), the SA Office of the Public Advocate
and Mark Braes (Mt Gambier) are offering a free
service to older people and their families for this
trial (brochures available at the door) .
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The mediators involved in the
trial are highly experienced
Elly Nitschke – Office of the Public
Advocate
 Virginia Leeuwenburg, Kate Brett and Prue
Sinoch – Relationships Australia in the City
and Berri
 Mark Braes –Braes Mediation Solutions,
Millicent.
(Contact details available on the brochure).

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The aims of the mediation


To design, pilot & evaluate specialised olderperson-centred models of family mediation
which focus on the best interests & safety of
older family members, directly or indirectly
includes their voices in decision-making & builds
resilient & protective family relationships.
Actively engage industry partners in the
research process to enhance their capacity to
respond to older persons who are at risk of
financial abuse from family members.
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Family mediation can be
beneficial …



when an older person wishes to involve
family members in decisions or plans
about their finances and assets, or
when family members believe that an
older person is vulnerable to, or is
experiencing, financial exploitation or
abuse from a family member, or
where family conflict involves an older
person’s finances or assets.
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How can mediation assist?



Assistance with communication and
planning was identified as a dominant
theme among the responses (n=24 of 44)
that older people and family members
gave to a question about what people did
that was helpful,
second was legal advice (n=11) and
third information about powers of attorney
etc. provided by human service agencies
such as ARAS, OPA, GB etc (n=9).
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National survey findings

Older people and their families were
asked to identify the potential
advantages and disadvantages of
organising family mediation early in
the ageing process to discuss an
older person’s concerns about the
management of their finances,
property or other assets
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Potential advantages of family mediation

There were 61 responses which can be
grouped under the four main themes:




enhancing the rights and wishes of older
people
opening and facilitating communication
between family members and between family
members and older people
enhancing the accountability and
responsibility of family members and
reducing family conflict.
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Potential disadvantages of family mediation
Of 57 respondents, 12 said there were no
disadvantages. However, three themes
emerged from the other responses:



it may be hard to get families to commit to the
process or to see the value in prevention
potential fear of family members misusing the
financial information provided
the older person may feel uncomfortable
discussing financial matters with family
members.
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Potential clients?





Any older person and family members who wish to have
difficult conversations and/or make plans to protect the
older person’s finances and assets.
We hypothesise that family mediation may be more
useful where financial abuse has not yet occurred or
where financial exploitation by a family member has
been unintentional, benign, passive or reckless
(refer to Relationships Australia or Mark Braes).
However, even where there has been intentional, wilful,
deliberate or malicious financial exploitation or abuse, or
where there has been a family history of abuse, in some
cases plans can be put in place by the older person
and/or non-abusive family members to safeguard the
older person and his/her assets
(refer to the Office of the Public Advocate).
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Ethical considerations



The approach to the evaluation of the mediation
has been approved by UniSA’s Human Research
Ethics Committee.
Involvement in the mediation is voluntary and
confidential – support people can be included.
The focus will be on assisting older people and
their families to have difficult conversations and,
if necessary, to develop plans to protect the
older persons assets and finances, and on
ensuring that the voices of older people are
heard and their safety, rights and best interests
are upheld.
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In summary…



No two cases of abuse of older people are
alike and a variety of assessment tools
and preventative approaches are needed
to meet the needs of each situation
Victim safety and empowerment should be
given the highest priority
There is a need to develop responses that
are specific to each individual, family and
community (Indigenous, CaLD and to rural
areas)
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


Need to develop models of prevention that
address the ageist and gendered contexts
in which abuse occurs
Need to provide opportunities for older
people to take ownership and be
empowered in processes of intervention
Need interdisciplinary understanding and a
coordinated, multiple service system
response to the victim, the perpetrator
and the social network surrounding the
victim.
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Above all we need to respect
and value older people in our
families and communities
Our research has found that a climate
needs to be created that is ‘user friendly’
toward older people, with messages
framed in positive, respectful language and
an emphasis on celebrating older people’s
contributions and worth to society.
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For more information about the
project
[email protected]
[email protected]
[email protected]
[email protected]
A special website is being created within the
Hawke Research Institute’s domain
http://www.unisa.edu.au/hawkeinstitute/
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