Preventing the Financial Abuse of Older People by their Family Members Adjunct Associate Professor...

Preventing the Financial Abuse of Preventing the Financial Abuse of Older People by their Family MembersOlder People by their Family Members

Adjunct Associate Adjunct Associate Professor Dale Bagshaw, Professor Dale Bagshaw,

Dr Sarah Wendt, Dr Sarah Wendt,

Dr Valerie Adams,Dr Valerie Adams,

School of Psychology, Social School of Psychology, Social Work & Social PolicyWork & Social Policy

University of South AustraliaUniversity of South Australia

Dr Lana ZannettinoDr Lana Zannettino

School of Nursing and School of Nursing and Midwifery, Flinders Midwifery, Flinders University University

19/04/23

(c) Associate Prof Dale Bagshaw, UniSA 1

19/04/23(c) Associate Prof Dale Bagshaw,

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UniSA Research 2007UniSA Research 2007 Associate Professor Dale BagshawAssociate Professor Dale Bagshaw Dr Sarah WendtDr Sarah Wendt Dr Lana Zannettino Dr Lana Zannettino

In 2007: we conducted research for In 2007: we conducted research for and wrote the South Australian State and wrote the South Australian State plan for the Office for the Ageingplan for the Office for the Ageing

Our Actions for the Prevention of Our Actions for the Prevention of Abuse of Older South AustraliansAbuse of Older South Australians

Related PublicationRelated 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 GrantOur current research: ARC-Linkage Grant

Associate Professor Dale Bagshaw (UniSA)Associate Professor Dale Bagshaw (UniSA) Dr Sarah Wendt (UniSA)Dr Sarah Wendt (UniSA) Dr Lana Zannettino (Flinders University)Dr Lana Zannettino (Flinders University) Dr Valerie Adams (UniSA Research Associate)Dr Valerie Adams (UniSA Research Associate)in partnership with in partnership with SA Dept for Families & Communities (Disability, SA Dept for Families & Communities (Disability,

Ageing and Carers Branch), Ageing and Carers Branch), Relationships Australia SA, Relationships Australia SA, Office of the Public Advocate, Office of the Public Advocate, Guardianship Board, Guardianship Board, Alzheimer’s Australia SA andAlzheimer’s Australia SA and supported by the Aged Rights Advocacy Service.supported by the Aged Rights Advocacy Service.


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The focus of our researchThe focus of our research

Preventing the Financial Preventing the Financial Abuse of Older People by a Abuse of Older People by a Family member: Designing Family member: Designing and Evaluating Older Person-and Evaluating Older Person-Centred Models of Family Centred Models of Family MediationMediation


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The importance of languageThe importance of language

We use the phrase We use the phrase

‘‘abuse of older people’abuse of older people’ not not

‘‘elder abuse’ elder abuse’

out of respect for our out of respect for our Indigenous Elders.Indigenous Elders.

What age determines when What age determines when one is ‘old’?one is ‘old’?

Varies from 45-65 depending on the Varies from 45-65 depending on the researcher, organisation or serviceresearcher, organisation or service

ABS – starts at 45 which reflects the ABS – starts at 45 which reflects the lower life expectancy of Indigenous lower life expectancy of Indigenous adults.adults.

Commonwealth Age pension – 65+ for Commonwealth Age pension – 65+ for males, 60-65 for females, depending males, 60-65 for females, depending on when they were bornon when they were born

Our research – 65+Our research – 65+19/04/23


Understanding and preventing abuse of Understanding and preventing abuse of older people by their family members is a older people by their family members is a

priority social justice issuepriority social justice issuebecause of the increase in intra-familial care as because of the increase in intra-familial care as a consequence ofa consequence of government ‘ageing-in-place’ policies, government ‘ageing-in-place’ policies, the rapidly ageing population, the rapidly ageing population, limited resources for extra-familial care-work,limited resources for extra-familial care-work,international agreements about human rights, international agreements about human rights, in addition to the ‘complex and diverse nature in addition to the ‘complex and diverse nature of elder abuse’ of elder abuse’ (Livermore, Bunt & Biscan, 2001: 41)(Livermore, Bunt & Biscan, 2001: 41)


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Definitions and types of abuseDefinitions and types of abuse

The most commonly used definition of The most commonly used definition of abuse of older people in Australia is:abuse of older people in Australia is:

Any act occurring within a Any act occurring within a relationship where there is an relationship where there is an implication of trust, which results implication of trust, which results in harm to the older person. in harm to the older person. Abuse can include physical, Abuse can include physical, sexual, financial, psychological, sexual, financial, psychological, social and/or neglect. social and/or neglect.


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Responses to the definition from SA service Responses to the definition from SA service providers in our prior researchproviders in our prior research

The vast majority of respondents The vast majority of respondents to our SA survey of service to our SA survey of service providers supported the providers supported the need for need for a broader understanding of a broader understanding of abuse abuse to include abuse occurring to include abuse occurring in relationships where there is an in relationships where there is an imbalance of power and control imbalance of power and control (80%), which is central to (80%), which is central to definitions of domestic or family definitions of domestic or family violence. violence.

Other additions to the definition from SA Other additions to the definition from SA service providers in our prior researchservice providers in our prior research

abuse of older people can be gendered abuse of older people can be gendered (86%) (86%)

abuse of an older person’s rights (86%)abuse of an older person’s rights (86%) cultural abuse (86%) cultural abuse (86%) spiritual abuse (85%)spiritual abuse (85%) abuse of an older person’s pets (85%). abuse of an older person’s pets (85%). abuse can also involve an act or a abuse can also involve an act or a

failure to act, as in cases of neglect failure to act, as in cases of neglect (73%). (73%).


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Abuse is more than physicalAbuse is more than physical

It is likely that many members of the It is likely that many members of the community may not have heard the term community may not have heard the term ‘elder abuse’ and/or may only believe ‘elder abuse’ and/or may only believe that behaviour is abusive if it is physical. that behaviour is abusive if it is physical.

The older person may be subjected to The older person may be subjected to several different kinds of abuse at the several different kinds of abuse at the same time to a lesser or stronger same time to a lesser or stronger degree.degree.

Non-physical forms of abuse may be Non-physical forms of abuse may be subtle and hard to detect.subtle and hard to detect.

‘‘Mistreatment’ sometimes usedMistreatment’ sometimes used

Mistreatment can involve an act of Mistreatment can involve an act of commission (abuse) or omission commission (abuse) or omission (neglect) which can be intentional, (neglect) which can be intentional, wilful, deliberate or malicious, or wilful, deliberate or malicious, or unintentional, benign, passive or unintentional, benign, passive or recklessness. recklessness.


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Explanations for perpetrator Explanations for perpetrator behaviourbehaviour

Perpetrator behaviour can be Perpetrator behaviour can be labelled as abusive, neglectful or labelled as abusive, neglectful or exploitative, depending on its exploitative, depending on its frequency, duration, intensity, frequency, duration, intensity, severity, consequences and the severity, consequences and the cultural context.cultural context.


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Types of abuseTypes of abuse

physicalphysical abuse can include abuse can include being hit, sexually assaulted, being hit, sexually assaulted, burned or physically restrainedburned or physically restrained

psychologicalpsychological abuse can include abuse can include humiliation, insults, fear, threats humiliation, insults, fear, threats or being treated like a child. or being treated like a child.


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NeglectNeglect

NeglectNeglect can include can include passive passive neglectneglect, which refers to older , which refers to older people being left alone, isolated, people being left alone, isolated, or forgotten and or forgotten and active neglectactive neglect, , which is the withholding of items which is the withholding of items that are necessary for daily that are necessary for daily living, such as food and medicineliving, such as food and medicine


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Types of abuseTypes of abuse

Medical abuse Medical abuse can include the can include the inappropriate use of constraints and inappropriate use of constraints and withholding or careless withholding or careless administration of drugs administration of drugs

Social and environmental Social and environmental abuse can abuse can include a failure to provide human include a failure to provide human services and involuntary social services and involuntary social isolationisolation


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Financial abuseFinancial abusemaking improper use of an older person’s making improper use of an older person’s property or money without his or her property or money without his or her knowledge or permission such asknowledge or permission such asforgery forgery stealing stealing forced changes to a will forced changes to a will transferring money or property to another transferring money or property to another person person withholding funds from the older person and withholding funds from the older person and thethe failure to repay loans.failure to repay loans.


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Financial abuseFinancial abuse It can also include the It can also include the

misappropriation of enduring powers misappropriation of enduring powers when a trusted person (usually a when a trusted person (usually a family member) is legally appointed family member) is legally appointed with enduring powers to manage the with enduring powers to manage the financial affairs of the older person financial affairs of the older person whose frailty is increasing and can no whose frailty is increasing and can no longer manage their own affairs. longer manage their own affairs.

With the ageing population and the With the ageing population and the increasing complexity associated increasing complexity associated with financial management, this type with financial management, this type of abuse is likely to increase. of abuse is likely to increase.


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Our findings from prior researchOur findings from prior research

The abuse of older peopleThe abuse of older peopleis an under-researched and hidden is an under-researched and hidden problemproblemoccurs across the spectrum of our occurs across the spectrum of our societysociety is often unrecognised, unreported, and is often unrecognised, unreported, and hard to detect. hard to detect. There is currently no central register for There is currently no central register for the collection of statistics when abuse is the collection of statistics when abuse is uncovered or reported.uncovered or reported.


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Prevalence Prevalence Australian and overseas studies have Australian and overseas studies have

estimated that between 3 and 5% of estimated that between 3 and 5% of older people aged 65 years and over and older people aged 65 years and over and living at home suffer from various forms living at home suffer from various forms of abuse or neglect (Kurrle 2004, p.809). of abuse or neglect (Kurrle 2004, p.809).

These figures These figures vary withvary with the methods and the methods and definitions used.definitions used.

Most of the abused older people are Most of the abused older people are women women

(Rabiner, O’Keefe & Brown, 2004). (Rabiner, O’Keefe & Brown, 2004).

Prevalence in AustraliaPrevalence in Australia

Australian Institute of Criminology Australian Institute of Criminology found that found that ‘4.6% ‘4.6% of older people are of older people are victims of physical, sexual or victims of physical, sexual or financial abuse, perpetrated by financial abuse, perpetrated by family members and those in a duty family members and those in a duty of care relationshipof care relationship’ (Kinnear & ’ (Kinnear & Graycar 1999, p.1). Graycar 1999, p.1).


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Abuse of older people with dementiaAbuse of older people with dementia Strong link between abuse of older Strong link between abuse of older

people and dementia.people and dementia. Increasing number of people diagnosed Increasing number of people diagnosed

with dementia specifically in the older with dementia specifically in the older age groups who will not be able to age groups who will not be able to manage their financial affairs.manage their financial affairs.

Predictions that the number of Predictions that the number of Australians who will develop dementia Australians who will develop dementia in 2050 will be approximately 2.8% of in 2050 will be approximately 2.8% of the projected population; currently it is the projected population; currently it is 1%. 1%. [1][1]

[1] Access Economics Pty Ltd, for Alzheimer’s’ Australia. [1] Access Economics Pty Ltd, for Alzheimer’s’ Australia. Dementia Dementia Estimates and Projections: Australian States and TerritoriesEstimates and Projections: Australian States and Territories. . February 2005February 2005


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Financial abuseFinancial abuse

The Office of Seniors Victoria (2005) The Office of Seniors Victoria (2005) has stated that financial abuse is has stated that financial abuse is emerging as a significant form of emerging as a significant form of abuse, and highlighted the abuse, and highlighted the need for need for financial literacy training, support financial literacy training, support from the financial services industry, from the financial services industry, education and specialised legal education and specialised legal services.services.


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Prevalence and types of abuse Prevalence and types of abuse

Other researchers have found Other researchers have found that psychological and financial that psychological and financial abuse—non-physical abuse—non-physical forms of forms of abuse—are the most likely forms abuse—are the most likely forms of abuse to be reported by of abuse to be reported by people 65 and over (Schofield et people 65 and over (Schofield et al 2002: 25; Chen et al 2007).al 2002: 25; Chen et al 2007).


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Financial abuse of older people Financial abuse of older people by relativesby relatives

Many researchers have also concluded Many researchers have also concluded that the people most likely to commit that the people most likely to commit financial abuse are the older person’s financial abuse are the older person’s adult daughter or son adult daughter or son

(Brill, 1999; Cripps, 2001; Boldy, Webb, Horner, Davey, & Kingley, (Brill, 1999; Cripps, 2001; Boldy, Webb, Horner, Davey, & Kingley, 2002; Faye & Sellick, 2003). 2002; Faye & Sellick, 2003).

The Office for the Public Advocate in The Office for the Public Advocate in Western Australia found that, during 1995-Western Australia found that, during 1995-1998, 10% of applications alleged financial 1998, 10% of applications alleged financial abuse and abuse and relatives were most often the relatives were most often the alleged perpetrators. alleged perpetrators.

Financial abuse from relativesFinancial abuse from relatives

The majority of abusers of older people The majority of abusers of older people (80-90%) in Australia are close family (80-90%) in Australia are close family members (Kurrle 2004, p.809). members (Kurrle 2004, p.809).

Kinstle, Hodell and Golding (2008) point Kinstle, Hodell and Golding (2008) point out that adult children or other family out that adult children or other family members are most likely to provide the members are most likely to provide the assistance required by the disabled or assistance required by the disabled or dependent elderly person. dependent elderly person.


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Although the vast majority of families Although the vast majority of families provide their ageing parents or provide their ageing parents or relatives with a safe haven, it is also relatives with a safe haven, it is also true that family members perpetrate true that family members perpetrate the majority of reported incidents of the majority of reported incidents of abuse of older people (Johnson 1997; abuse of older people (Johnson 1997; Cripps 2001; Boldy Cripps 2001; Boldy et al. et al. 2002; 2002; Cavanagh 2003). Cavanagh 2003).


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Gender and abuseGender and abuse The Aged Rights Advocacy Service in South The Aged Rights Advocacy Service in South

Australia found financial abuse in one third of Australia found financial abuse in one third of 100 cases over a period of 2 years, 100 cases over a period of 2 years, the the majority of which involved women as victims majority of which involved women as victims aged over 75 years aged over 75 years (James & Graycar, 2000; (James & Graycar, 2000; Cripps, 2001).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 abuseGender and abuse 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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11stst UK National Prevalence Study 2009: UK National Prevalence Study 2009: Elder Mistreatment (abuse & neglect)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 differencesUK Study: gender differences 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 effectsUK study – age and gender effects 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 characteristicsUK study: perpetrator characteristics

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 characteristicsUK study: perpetrator characteristics

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 womenDV and older women 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 Older women’s experiences may be different to those of older mendifferent to those of older men

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 Financial abuse of older Aboriginal AustraliansAustralians

Financial abuse has also been Financial abuse has also been found to be the most common found to be the most common form of abuse experienced by form of abuse experienced by older Australian Aboriginal older Australian Aboriginal people people

(Office for the Public Advocate, 2005).(Office for the Public Advocate, 2005).

Culturally and linguistically diverseCulturally and linguistically diverse

older people are at risk of abuse because older people are at risk of abuse because of of poor English skills poor English skills social isolationsocial isolationdependency on family membersdependency on family memberscross-generational factors which result in cross-generational factors which result in differing expectations of care and supportdiffering expectations of care and supportfear of being shamed by and excluded fear of being shamed by and excluded from their communitiesfrom their communitiesOffice of the Public Advocate in Western Australia (2006) Office of the Public Advocate in Western Australia (2006)


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New and emerging populationsNew and emerging populationsOlder people in new and emerging Older people in new and emerging population groups in Australia face population groups in Australia face additional challenges in re-settlement additional challenges in re-settlement e.g. e.g. family unemployment, family unemployment, poverty, poverty, the changed roles and rights of older the changed roles and rights of older people (particularly older women), people (particularly older women), lack of family support and intervention,lack of family support and intervention, social isolation, and inter-generational social isolation, and inter-generational conflicts conflicts (Bonar & Roberts 2006).(Bonar & Roberts 2006).


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Our current research findingsOur current research findings

Aim of the first stage of our researchAim of the first stage of our researchTo critically analyse the current national and To critically analyse the current national and international research and identify models of international research and identify models of intervention designed to prevent the abuseintervention designed to prevent the abuseTo identify and analyse individual, structural & To identify and analyse individual, structural & ecological factors which place people at risk of ecological factors which place people at risk of financial abusefinancial abuseTo identify the existing strengths & gaps in To identify the existing strengths & gaps in national legislation, organisational policies & national legislation, organisational policies & service provision currently responding to older service provision currently responding to older people experiencing financial abuse from a family people experiencing financial abuse from a family membermember


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Methods used to gather data to inform the Methods used to gather data to inform the development of models of mediationdevelopment of models of mediation

1.1. Extensive review of the literatureExtensive review of the literature

2.2. Ethics approval from UniSA’s Human Research Ethics Ethics approval from UniSA’s Human Research Ethics CommitteeCommittee

3.3. Online national survey of CEOs of organisations Online national survey of CEOs of organisations servicing older people and of family mediation agencies, servicing older people and of family mediation agencies, using using SurveyMonkeySurveyMonkey (the link to the survey emailed to (the link to the survey emailed to CEOs and adverts placed in relevant publications) – CEOs and adverts placed in relevant publications) – quantitative & qualitative data collectedquantitative & qualitative data collected

4.4. 2-day phone-in with older people and their relatives2-day phone-in with older people and their relatives

5.5. National on-line survey of older people and their relatives National on-line survey of older people and their relatives (asked CEOs and service providers to distribute the link (asked CEOs and service providers to distribute the link and placed adverts in publications and the Australian).and placed adverts in publications and the Australian).


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Total number of survey responsesTotal number of survey responses

CEOs CEOs 228 responses 228 responses Service providers Service providers 214 responses214 responses Relatives Relatives 69 responses 69 responses Older people Older people 45 responses45 responses

TOTAL: TOTAL: 556 responses 556 responses


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Causal and risk factorsCausal and risk factors

CEOs and service providers were CEOs and service providers were asked to check the factors which asked to check the factors which contributed to the financial abuse of contributed to the financial abuse of older people (multiple responses older people (multiple responses were possible) and to add other were possible) and to add other factors if they wished.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 Family member with a drug or alcohol problem

128 127 255

3 Older person dependent on a family member for care

126 129 255

4 Older person with diminished capacity, e.g. dementia, depression, mental illness

115 131 246

5 Family member with a gambling problem 122 109 2316 Older person feeling frightened of a family

member110 117 227

7 Older person lacking awareness of his/her rights and entitlements

110 115 225

8 Family member who has a history of using violence/abuse

111 108 219

9 Older person lacking awareness of financial or other services

104 107 211

10 Older person who has felt coerced into granting Power of Attorney to a family member

94 99 193

11 Family member who is mentally ill 98 91 189


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Risk factors for the financial abuse of older people by their relatives

CEOs(n=164

)

Service provider

s(n=160)

Total(n=324)

12 Family member who is poor or unemployed 94 95 18913

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

86 86 172

15

Older person living with a disability 81 88 169

16

Older person having limited or no access to their money, housing or other resources

76 93 169

17

Older person who has been a victim of violence/abuse from a family member

82 83 165

18

Cultural beliefs and customs in relation to older people’s finances and/or property

81 84 165

19

Reluctance of professionals to intervene in family matters

78 75 153

20

Older person having limited or no access to formal support services

72 80 152

21

Poor communication between members of an older person’s family

62 86 148

22

Older person having limited or no access to informal support networks

68 72 140

23

Older people with limited use of the English language

61 69 130

Causes and risk factors – CEOs & service providers


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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

54 54 108

27

Older people from culturally and linguistically diverse communities

51 48 99

28

Older people living in rural or remote areas 49 45 94

29

Inadequate provision of services for older people

45 48 93

30

Older person who has abused his/her children in the past

37 53 90

31

Older person sharing a farm or business with a family member

37 48 85

32

Poor communication/collaboration between agencies

38 42 80

33

Poor communication/collaboration between professionals

37 35 72

34

Family members living a long way from the older person and/or each other

37 29 66

35

Family member who has particular religious or spiritual beliefs

19 19 38

Preventative strategiesPreventative strategies

Respondents were asked to rank 12 Respondents were asked to rank 12 strategies that may enhance the strategies that may enhance the prevention of financial abuse of older prevention of financial abuse of older people by a family member in order people by a family member in order of importanceof importance

Responses were received from 132 Responses were received from 132 CEOs & 123 service providers = total CEOs & 123 service providers = total 255 responses.255 responses.


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Strategies to prevent the financial abuse of older people

CEOs(n=132)

Service providers(n=123)

Total(n=255)

1 Acknowledge, support & uphold the rights of older people

110 61 171

2 Raise the status of older people in Australian communities with acknowledgement & support for their rights

113 46 159

3 Provide information/education to older people and their families

112 40 152

4 Raise family & community awareness of financial abuse of older people

110 38 148

5 Increase education & training of relevant professionals

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

110 27 137

9 Increase accessibility of culturally appropriate services to families with older members

109 20 129

10 Change legislation and policies 106 22 12811 Improve inter-disciplinary and inter-agency

collaboration106 21 127

12 More research of ways to prevent the financial abuse of older people b y a family member

103 15 118

Reasons for concernReasons for concern Older people and their family members Older people and their family members

were asked how concerned they were were asked how concerned they were about the management of the older about the management of the older person’s property, finances or other assets person’s property, finances or other assets now, or as s/he gets oldernow, or as s/he gets older

Respondents who answered ‘Yes’ or Respondents who answered ‘Yes’ or ‘Maybe’ were asked to check a list of 13 ‘Maybe’ were asked to check a list of 13 concerns as a multiple response question concerns as a multiple response question

31 participants responded.31 participants responded.


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Reasons for concern (responses from 31 OP and relatives)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

48.4 15

A family member coerced or persuaded the older person to sign papers or make financial or property arrangements

45.2 14

A family member makes decisions about the older persons finance or property without consulting him/her

29.0 9

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

29.0 9

A family member assumes that s/he can take money or assets as part of their future inheritance without the older person’s agreement

25.8 8

The older person’s concerns about finances, assets or property are not understood or believed by family members or others

22.6 7


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Reason for concern % No of response

s

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

16.1 5

The older person is unable to pay bills because a family member has taken his/her money

16.1 5

A family member is divorced or separated and expects or demands financial help beyond what the older person can afford

9.7 3

A family member is mentally ill and therefore financially dependent on the older person

6.5 2

A family member has a gambling problem 6.5 2No-one in the family asks what the older person wants or needs or his/her answers are not respected

6.5 2

A family member is addicted to drugs or alcohol and is therefore financially dependent on the older person

3.2 1


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Case examples from Case examples from older women:older women:

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: 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’ concernsExamples of family members’ concerns 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’ concernsExamples 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


UniSA .56

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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Examples of family members’ concernsExamples of family members’ concerns


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Barriers to older people reporting abuseBarriers to older people reporting abuse..

diminished cognitive capacity diminished cognitive capacity mental or physical disabilitymental or physical disability poor or restricted mobility poor or restricted mobility lack of awareness of what constitutes lack of awareness of what constitutes

abuse abuse lack of knowledge of their rights or lack of knowledge of their rights or

resources resources social isolation or fear of alienation social isolation or fear of alienation


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Barriers to older people reporting abuseBarriers to older people reporting abuse

the need to preserve a family relationshipthe need to preserve a family relationship dependency on others in the family dependency on others in the family the stigma and shame associated with the stigma and shame associated with

abuse abuse literacy and language barriersliteracy and language barriers religious, generational and cultural barriers religious, generational and cultural barriers fear of reprisal from the perpetrator andfear of reprisal from the perpetrator and a perceived or actual lack of options or a perceived or actual lack of options or

access to services.access to services.


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Barriers to reporting for older Barriers to reporting for older Indigenous AustraliansIndigenous Australians

In Indigenous communities another In Indigenous communities another layer of complexity relates to the layer of complexity relates to the negative, historical experiences of negative, historical experiences of interventions which led to separation interventions which led to separation and loss for many people. and loss for many people.

Older Indigenous people mostly want Older Indigenous people mostly want to stay in their families and to stay in their families and communities and fear removal if they communities and fear removal if they say anything about the abuse. say anything about the abuse.

Barriers to reporting for CaLD victimsBarriers to reporting for CaLD victims

Lack of knowledge of Australian law Lack of knowledge of Australian law and services, reliance on family and services, reliance on family members and their communities for members and their communities for support, as well as communication support, as well as communication and language difficulties, can result and language difficulties, can result in older CaLD victims tolerating in older CaLD victims tolerating abuseabuse

(Bagshaw, Wendt & Zannettino 2007; WA Family & (Bagshaw, Wendt & Zannettino 2007; WA Family & Domestic Violence Unit 2006).Domestic Violence Unit 2006).


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Need for a common understanding of what Need for a common understanding of what constitutes abuse of an older personconstitutes abuse of an older person

Social and cultural (rural, ethic, Social and cultural (rural, ethic, professional etc) constructions of professional etc) constructions of ageing, gender and of what ageing, gender and of what constitutes ‘abuse’ are definitional constitutes ‘abuse’ are definitional factors which influence how the factors which influence how the community, older people and service community, older people and service providers understand and respond to providers understand and respond to what is happening in abusive what is happening in abusive relationships. relationships.


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Explanations for abuseExplanations for abuse

Ramsey-Klawsnick (2000) points out Ramsey-Klawsnick (2000) points out that there are a variety of theoretical that there are a variety of theoretical explanations for abuse of older explanations for abuse of older people by their family members people by their family members which give rise to various which give rise to various descriptions of and responses to the descriptions of and responses to the abuser.abuser.


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Complex nature of abuseComplex nature of abuse

Domestic violence research has Domestic violence research has shown that all forms of abuse are shown that all forms of abuse are often interconnected and are part of often interconnected and are part of a complex, shifting kaleidoscope or a complex, shifting kaleidoscope or mosaic of abuse, often with the mosaic of abuse, often with the misuse or abuse of power and control misuse or abuse of power and control at the centre (Bagshaw 2003).at the centre (Bagshaw 2003).


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The issue of powerThe issue of powerThe failure to view family violence The failure to view family violence through a gendered lens ignores the through a gendered lens ignores the social, political and economic context social, political and economic context of family violence, in particular the of family violence, in particular the structural inequality of power between structural inequality of power between men and women in intimate men and women in intimate relationships,relationships, and can place many and can place many older victims who have experienced a older victims who have experienced a lifetime continuum of family violence lifetime continuum of family violence in a dangerous and fearful position.in a dangerous and fearful position.19/04/23


Models of preventionModels of preventionNerenberg (2008, p.35-74) explores the Nerenberg (2008, p.35-74) explores the strengths and limitations of seven strengths and limitations of seven models of prevention which I do not models of prevention which I do not have time to address today (see our have time to address today (see our Stakeholder Paper): Stakeholder Paper): Adult Protection Services Adult Protection Services Domestic Violence Prevention Domestic Violence Prevention Public Health approaches Public Health approaches Victim Advocacy Victim Advocacy Restorative Justice Restorative Justice Family Caregiver Support & Family Caregiver Support & Family PreservationFamily Preservation


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Approaches to preventionApproaches to prevention Abuse of older people is a public issue Abuse of older people is a public issue

requiring a requiring a community response community response and and in in serious cases serious cases a a criminal justice criminal justice responseresponse. In the United States, growing . In the United States, growing numbers of cases involving the abuse of numbers of cases involving the abuse of older people are given increased older people are given increased penalties and or prosecuted due to new penalties and or prosecuted due to new techniques, procedures and statutory techniques, procedures and statutory innovations and to a wide range of innovations and to a wide range of professionals receiving training in abuse professionals receiving training in abuse detection and response.detection and response.


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Approaches to prevention of abuse Approaches to prevention of abuse However, abuse of older people is However, abuse of older people is

largely undetected by service providers’ largely undetected by service providers’ as it is invisible and, therefore, service as it is invisible and, therefore, service providers (e.g. doctors, carers, providers (e.g. doctors, carers, household help, police, clergy) need household help, police, clergy) need education and resources education and resources to assist them to assist them to identify abuse, establish or adhere to to identify abuse, establish or adhere to appropriate protocolsappropriate protocols, , screen for abusescreen for abuse, , respond effectively, and respond effectively, and make make appropriate referrals. appropriate referrals.


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Approaches to preventionApproaches to prevention Raising awareness Raising awareness of the problem is of the problem is

the first step towards reducing it - the first step towards reducing it - public education will help combat public education will help combat ageist beliefs. ageist beliefs.

Specific education for legal, health care Specific education for legal, health care and social service providers and social service providers is is important to reduce the risk associated important to reduce the risk associated with ageism and other societal beliefs with ageism and other societal beliefs that contribute to abuse of older people that contribute to abuse of older people


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Approaches to preventionApproaches to prevention

There is a need for There is a need for family and other family and other informal forms of social support informal forms of social support for for older people to maintain their older people to maintain their independence and quality of life.independence and quality of life.

Participatory models Participatory models hold the most hold the most potential to address the ageist context potential to address the ageist context in which abuse occurs, allowing in which abuse occurs, allowing older older people to own responsespeople to own responses instead of instead of relying on professional expertise.relying on professional expertise.


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Interagency collaborationInteragency collaboration We stress the importance of We stress the importance of

interagency collaboration interagency collaboration as the as the abuse of older people is a ‘legal, abuse of older people is a ‘legal, medical, and mental health issue as medical, and mental health issue as well as a social phenomenon’. The well as a social phenomenon’. The Alliance for the Prevention of Abuse Alliance for the Prevention of Abuse (APEA) (APEA) is one example of a is one example of a collaboration of South Australian collaboration of South Australian agencies to challenge the way abuse agencies to challenge the way abuse is understood and responded to.is understood and responded to.


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Developing, piloting & evaluating mediation Developing, piloting & evaluating mediation as a potential preventative approachas a potential preventative approach

In the final phase of our research this year we In the final phase of our research this year we are are developing models of older-person-centred developing models of older-person-centred family mediation family mediation with our Linkage partners with our Linkage partners and evaluating the short and long-term and evaluating the short and long-term effectiveness of the models from the effectiveness of the models from the perspective of the mediators and the perspective of the mediators and the participants. participants.

Relationships Australia (Adelaide and Berri Relationships Australia (Adelaide and Berri offices), the SA Office of the Public Advocate offices), the SA Office of the Public Advocate and Mark Braes (Mt Gambier) are offering a and Mark Braes (Mt Gambier) are offering a free service to older people and their families free service to older people and their families for this trial for this trial (brochures available at the door) (brochures available at the door) ..


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The mediators involved in the The mediators involved in the trial are highly experiencedtrial are highly experienced

Elly Nitschke – Office of the Public Elly Nitschke – Office of the Public AdvocateAdvocate

Virginia Leeuwenburg, Kate Brett and Virginia Leeuwenburg, Kate Brett and Prue Sinoch – Relationships Australia Prue Sinoch – Relationships Australia in the City and Berriin the City and Berri

Mark Braes –Braes Mediation Mark Braes –Braes Mediation Solutions, Millicent.Solutions, Millicent.

(Contact details available on the (Contact details available on the brochure).brochure).


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The aims of the mediationThe aims of the mediation

To design, pilot & evaluate specialised To design, pilot & evaluate specialised older-person-centred models of family older-person-centred models of family mediation which focus on the best interests mediation which focus on the best interests & safety of older family members, directly & safety of older family members, directly or indirectly includes their voices in or indirectly includes their voices in decision-making & builds resilient & decision-making & builds resilient & protective family relationships.protective family relationships.

Actively engage industry partners in the Actively engage industry partners in the research process to enhance their capacity research process to enhance their capacity to respond to older persons who are at risk to respond to older persons who are at risk of financial abuse from family members.of financial abuse from family members.


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Family mediation can be Family mediation can be beneficial …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?How can mediation assist? Assistance with communication and Assistance with communication and

planning was identified as a dominant planning was identified as a dominant theme among the responses (n=24 of theme among the responses (n=24 of 44) that older people and family 44) that older people and family members gave to a question about members gave to a question about what people did that was helpful, what people did that was helpful,

second was legal advice (n=11) and second was legal advice (n=11) and third information about powers of third information about powers of

attorney etc. provided by human attorney etc. provided by human service agencies such as ARAS, OPA, GB service agencies such as ARAS, OPA, GB etc (n=9).etc (n=9).

19/04/23 (c) Associate Prof Dale Bagshaw,

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National survey findingsNational survey findings Older people and their families Older people and their families

were asked to identify the potential were asked to identify the potential advantages and disadvantagesadvantages 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


UniSA 77

Potential advantages of family mediationPotential 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 mediationPotential 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 preventionpotential 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?Potential clients? Any older person and family members who wish to Any older person and family members who wish to

have difficult conversations and/or make plans to have difficult conversations and/or make plans to protect the older person’s finances and assetsprotect the older person’s finances and assets..

We hypothesise that family mediation may be more We hypothesise that family mediation may be more useful where financial abuse useful where financial abuse has not yet occurred has not yet occurred or or where financial exploitation by a family member has where financial exploitation by a family member has been been unintentional, benign, passive or reckless unintentional, benign, passive or reckless

(refer to Relationships Australia or Mark Braes). (refer to Relationships Australia or Mark Braes). However, even where there has been However, even where there has been intentional, intentional,

wilful, deliberate or maliciouswilful, deliberate or malicious financial exploitation financial exploitation or abuse, or where there has been a or abuse, or where there has been a family history of family history of abuseabuse, in some cases plans can be put in place by , in some cases plans can be put in place by the older person and/or non-abusive family members the older person and/or non-abusive family members to safeguard the older person and his/her assets to safeguard the older person and his/her assets

(refer to the Office of the Public Advocate).(refer to the Office of the Public Advocate).


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Ethical considerationsEthical considerations The approach to the evaluation of the The approach to the evaluation of the

mediation has been approved by mediation has been approved by UniSA’s UniSA’s Human Research Ethics Committee. Human Research Ethics Committee.

Involvement in the mediation is Involvement in the mediation is voluntary and voluntary and confidential confidential – support people can be included. – support people can be included.

The focus will be on assisting older people and The focus will be on assisting older people and their families to have their families to have difficult conversations difficult conversations and, if necessary, to and, if necessary, to develop plans develop plans to protect to protect the older persons assets and finances, and on the older persons assets and finances, and on ensuring that the ensuring that the voices of older people are voices of older people are heard heard and their and their safety, rights and best safety, rights and best interests are upheld.interests are upheld.


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In summary…In summary… No two cases of abuse of older people No two cases of abuse of older people

are alike and a are alike and a variety of assessment variety of assessment tools and preventative approaches are tools and preventative approaches are needed needed to meet the needs of each to meet the needs of each situationsituation

Victim safety and empowerment should Victim safety and empowerment should be given the highest prioritybe given the highest priority

There is a need to develop responses There is a need to develop responses that are that are specific to each individual, specific to each individual, family and community (Indigenous, CaLD family and community (Indigenous, CaLD and to rural areas)and to rural areas)


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Need to develop models of prevention Need to develop models of prevention that address the ageist and gendered that address the ageist and gendered contexts in which abuse occurs contexts in which abuse occurs

Need to provide opportunities for older Need to provide opportunities for older people to take ownership and be people to take ownership and be empowered in processes of interventionempowered in processes of intervention

Need interdisciplinary understanding Need interdisciplinary understanding and a coordinated, multiple service and a coordinated, multiple service system response to the victim, the system response to the victim, the perpetrator and the social network perpetrator and the social network surrounding the victim. surrounding the victim.


UniSA 83


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Above all we need to respect Above all we need to respect and value older people in our and value older people in our

families and communitiesfamilies and communities

Our research has found that a climate Our research has found that a climate needs to be created that is ‘user needs to be created that is ‘user friendly’ toward older people, with friendly’ toward older people, with messages framed in positive, respectful messages framed in positive, respectful language and an emphasis on language and an emphasis on celebrating older people’s contributions celebrating older people’s contributions and worth to societyand worth to society..


UniSA 85

For more information about the For more information about the projectproject

[email protected]@unisa.edu.au



[email protected]@flinders.edu.au

A special website is being created within the A special website is being created within the Hawke Research Institute’s domain Hawke Research Institute’s domain

http://www.unisa.edu.au/hawkeinstitute/http://www.unisa.edu.au/hawkeinstitute/

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