Search results

The purpose of this study is to highlight how people acting as Enduring Power of Attorney (EPoA) abuse their privilege in relation to real estate transactions through analysis of five court cases. This study thereby provides insight into how and why adult children cross the line into the realm of misconduct.

The approach involved a review of various court proceedings relating to elder financial abuse, and the synthesis of the important facts and judgements made that constitute unconscionable conduct, undue influence and passive acceptance of benefit. The cases selected focus on real estate transactions.

The research revealed some key commonalities and that property and living arrangements are the issues highly contested in courts for small estates.

The case review provides some critical findings that are valuable for wealth management professionals or managing an ageing person’s care and living arrangements. It provides practical insights for the importance of independent legal and financial advice when entering real estate transactions. The findings also inform real estate agent practice in helping to reduce elder financial abuse through robust checks if an Attorney is acting on behalf of a Principal. The authors also support improving EPoA guidance and professionalization to assist Attorney’s to carry out their duties with appropriate care.

A review of cases relating to EPoA in relation to real estate is novel and makes an important contribution to developing resources to educate Attorney’s and financial service professionals, including real estate agents.

Responding to suspected financial abuse in residential aged care provides particular challenges to care managers. This paper aims to explore responses to financial abuse by care managers and the knowledge, policies and principles that guide practice in this context.

The research is part of a larger project exploring financial asset management and financial abuse in residential aged care in Australia. The thematic analysis reports on responses of care managers in 62 aged care facilities to survey interview questions and case scenarios presenting issues of alleged financial abuse.

Although most care managers accepted an obligation to act in response to suspected financial abuse, inconsistency and a lack of familiarity with policy are clearly demonstrated. Practice responses vary according to whether the primary focus is on residents, family or managing risk. Despite most reporting policies in place in the event of alleged theft, reports on the use of policies and protocols to guide responses to suspected misuse of an enduring power of attorney or undue influence are limited. The care manager's knowledge and approach to practice are crucial to framing the response.

The research provides insight into inconsistencies in responses to financial abuse in residential aged care, identifies good practice and outlines the limitations in knowledge of some care managers. It argues for the need to enhance understanding, support and training to further develop practice in this setting, particularly in relation to adult protection principles.