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1 – 10 of 47The 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…
Abstract
Purpose
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.
Design/methodology/approach
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.
Findings
The research revealed some key commonalities and that property and living arrangements are the issues highly contested in courts for small estates.
Practical implications
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.
Originality/value
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.
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Detecting and describing intergenerational ambivalence in historical populations is a challenge because historians are dependent, for the most part, upon the evidence that has…
Abstract
Detecting and describing intergenerational ambivalence in historical populations is a challenge because historians are dependent, for the most part, upon the evidence that has survived, rather than on evidence elicited by researchers from participants. In this respect, the distant past is more problematic than the recent past, of course; and studies of recent (but past) generations have been able successfully to integrate documentary, statistical, and interview material (Hareven, 1982; Macfarlane, 1977). Still, such studies cover only a short stretch of past time. The purpose of this essay is to review research on family history dealing with the past three or four centuries in order to see how the subject of intergenerational ambivalence has been dealt with, if at all, and how it might need to be incorporated into historical thinking when certain kinds of situations come under scrutiny.
Salman Ahmed Shaikh, Mohd Adib Ismail, Abdul Ghafar Ismail, Shahida Shahimi and Muhammad Hakimi Mohd. Shafiai
This paper aims to integrate Islamic and mainstream economics framework towards a more realistic understanding of Muslim consumption behaviour.
Abstract
Purpose
This paper aims to integrate Islamic and mainstream economics framework towards a more realistic understanding of Muslim consumption behaviour.
Design/methodology/approach
The model incorporates some of the Islamic institutions like period-wise deduction of Zakat from endowments. It also includes bequests which could be significant given the Islamic injunctions on inheritance distribution and the significance placed on the institution of family. Furthermore, the model integrates the assumption that consumption opportunity set will axiomatically filter out the prohibited consumption goods from the consumption set in both contemporaneous and inter-temporal consumption.
Findings
Zakat ensures contemporaneous redistribution from endowment surplus households (those having Zakatable endowments above Nisab) to endowment-deficient households (those having Zakatable endowments below Nisab). The lifetime resources are scaled down for endowment surplus households because of the payment of Zakat in both periods and leaving bequests in old-age period, while the lifetime resources are scaled up for endowment deficient households because of the receipt of Zakat in both periods and receiving the bequests in youth.
Originality/value
The authors show how some of the Islamic principles and institutions can be integrated in the mainstream economics framework, especially in research studies where the objective is to understand and describe reality rather than persuasion and idealization.
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The monograph argues that American racism has two colours (whiteand black), not one; and that each racism dresses itself not in oneclothing, but in four: (1) “Minimal” negative…
Abstract
The monograph argues that American racism has two colours (white and black), not one; and that each racism dresses itself not in one clothing, but in four: (1) “Minimal” negative, when one race considers another race inferior to itself in degree, but not in nature; (2) “Maximal” negative, when one race regards another as inherently inferior; (3) “Minimal” positive, when one race elevates another race to a superior status in degree, but not in nature; and (4) “Maximal” positive, when one race believes that the other race is genetically superior. The monograph maintains that the needs of capitalism created black slavery; that black slavery produced white racism as a justification for black slavery; and that black racism is a backlash of white racism. The monograph concludes that the abolition of black slavery and the civil rights movement destroyed the social and political ground for white and black racism, while the modern development of capitalism is demolishing their economic and intellectual ground.
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I remember well my first conscious exchange with a Good Man. Tom was the best friend of a man I had been dating for several months, and a warm acquaintance—though hardly a…
Abstract
I remember well my first conscious exchange with a Good Man. Tom was the best friend of a man I had been dating for several months, and a warm acquaintance—though hardly a friend—of mine. I had asked him to meet me for coffee one day after a troubling incident with my lover when I feared he might hit me. While he had not, as I closed and locked the door behind him that night, I was shaken by the possibility. And I was also deeply in love. I called Tom for a “reality check,” to find out if he knew of any history of physical violence, and to seek his advice.
The many speculative writings found in Finnish architect Alvar Aalto's notes show an interesting array of information about the construction of a knowledge society, and the…
Abstract
The many speculative writings found in Finnish architect Alvar Aalto's notes show an interesting array of information about the construction of a knowledge society, and the formation of networks, in which sharing and exchanging new knowledge among different bodies of architectural agencies become possible. These notes reveal insightful remarks, his personal accounts on the Internet and the growing Network Society that could be regarded as pioneering scholarly engagements, which still further stimulate new and profoundly articulated reflections in architectural theory. At the same time, these notes also encourage further scholarly studies on the possible relationships between time and space on philosophical grounds. With respect to his writings, one can summarize Aalto's contribution under three major headings: the future is nestled in the past; often what is sought is located in the unthinkable; and of many, Alvar Aalto will never cease to be new, unexpected and innovative in his design thinking methods and procedures.
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Allyn Young′s lectures, as recorded by the young Nicholas Kaldor,survey the historical roots of the subject from Aristotle through to themodern neo‐classical writers. The focus…
Abstract
Allyn Young′s lectures, as recorded by the young Nicholas Kaldor, survey the historical roots of the subject from Aristotle through to the modern neo‐classical writers. The focus throughout is on the conditions making for economic progress, with stress on the institutional developments that extend and are extended by the size of the market. Organisational changes that promote the division of labour and specialisation within and between firms and industries, and which promote competition and mobility, are seen as the vital factors in growth. In the absence of new markets, inventions as such play only a minor role. The economic system is an inter‐related whole, or a living “organon”. It is from this perspective that micro‐economic relations are analysed, and this helps expose certain fallacies of composition associated with the marginal productivity theory of production and distribution. Factors are paid not because they are productive but because they are scarce. Likewise he shows why Marshallian supply and demand schedules, based on the “one thing at a time” approach, cannot adequately describe the dynamic growth properties of the system. Supply and demand cannot be simply integrated to arrive at a picture of the whole economy. These notes are complemented by eleven articles in the Encyclopaedia Britannica which were published shortly after Young′s sudden death in 1929.
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