Preventing the Financial Abuse of Older People by their Family Members Assoc. Professor Dale Bagshaw, PhD Adjunct, School of Social Work & Social Policy, University of South Australia Workshop, September 2012 Copyright: Associate Prof Dale Bagshaw, 2012. 1 Our prior UniSA research 2007 Associate Professor Dale Bagshaw Dr Sarah Wendt Dr Lana Zannettino In 2007, we conducted research and wrote the following South Australian State Plan for the Government’s Office for the Ageing: Our Actions for the Prevention of Abuse of Older South Australians http://www.sapo.org.au/pub/pub11143.html 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 2 A 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 3 Our current research team: Australian Research Council Linkage Grant Associate Professor Dale Bagshaw (UniSA) Dr Sarah Wendt (UniSA) Dr Lana Zannettino (Flinders University) Dr Valerie Adams (UniSA Research Associate) in partnership with SA Dept for Families & Communities (Disability, Ageing and Carers Branch), Relationships Australia SA, Office of the Public Advocate, Alzheimer’s Australia SA Guardianship Board and supported by the Aged Rights Advocacy Service. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 4 The focus of our current research, funded by the Australian Research Council Preventing the Financial Abuse of Older People by a Family member: Designing and Evaluating an Older Person-Centred Model of Family Mediation 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 5 The importance of language We use the phrase ‘abuse of older people’ not ‘elder abuse’ out of respect for our Indigenous Elders. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 6 What age determines when one is ‘old’? 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 For our research – 65+ 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 7 Old Woman Dozing by Nicolaes Maes (1656). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 8 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 9 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 10 Responses to the definition from service providers in our prior research (2007) The vast majority of respondents to our 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%) (central to definitions of domestic and family violence). abuse of older people can be gendered (86%) 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 11 Other additions to the definition from service providers in our prior research (2007) 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 a negligent act or a failure to act, as in cases of neglect (73%). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 12 Abuse is more than physical 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. Non-physical forms of abuse may be subtle and hard to detect. The older person may be subjected to several different kinds of abuse at the same time to a lesser or stronger degree. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 13 ‘Mistreatment’ – a term sometimes used instead of abuse It can involve an act of commission (abuse) or omission (neglect) which can be intentional, wilful, deliberate or malicious, or unintentional, benign, passive or reckless. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 14 Types of abuse physical abuse can include being pushed, hit, sexually assaulted, burned or physically restrained psychological abuse can include humiliation, insults, threats or being treated like a child. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 15 Neglect Neglect can include passive neglect: being left alone, isolated, or forgotten and active neglect: withholding of items that are necessary for daily living, such as food and medicine, or placing older people in isolated or substandard care. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 16 Types of abuse Medical abuse can include the inappropriate use of restraints or the withholding or careless administration of drugs, failure to treat an illness etc Social and environmental abuse can include a failure to provide necessary human services and involuntary social isolation 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 17 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 involuntary transfer of money or property to another person withholding funds from the older person and the failure to repay loans. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 18 Financial abuse 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 19 Our findings from 2007 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 20 Prevalence 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 21 Prevalence in Australia 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 22 Abuse of older people with dementia 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 23 Prevalence and types of abuse 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). Financial abuse is emerging as a significant form of abuse - there is a need for financial literacy training, support from the financial services industry, education and specialised legal services. (Office of Seniors Victoria, 2005 & 2012) 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 24 Financial abuse of older people by relatives Many researchers have concluded that the people most likely to commit financial abuse are the older person’s relatives, in particular their adult daughter or son (Brill, 1999; Cripps, 2001; Boldy, Webb, Horner, Davey, & Kingley, 2002; Faye & Sellick, 2003; Johnson 1997; Cavanagh 2003). The Office of 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 25 Financial abuse from relatives 2004 study – 80-90% of abusers of older people in Australia were close family members. (Kurrle 2004, p.809). Adult children or other family members are most likely to provide the assistance required by the disabled or dependent elderly person. (Kinstle, Hodell and Golding, 2008) 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 26 Gender and abuse 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 27 Gender and abuse The gendered nature of the abuse of older people is still relatively invisible in Australia Australian Bureau of Statistics (2006) found 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 28 DV 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’s experiences. Abuse of older adults is highly likely to be ‘spouse abuse grown old’ (e.g. Nerenberg 2008; Leisey, Kupstas & Cooper, 2009; Brandl, 2000). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 29 Older women’s experiences may be different 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 30 Financial abuse of older Aboriginal Australians Financial abuse has also been found to be the most common form of abuse experienced by older Australian Aboriginal people (Office of the Public Advocate, 2005). Due to colonisation, dispossession and oppression (NT - ‘humbugging’) 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 31 ATSI Social Justice Commissioner…. Mick Gooda … says a culture of bullying among Indigenous communities is being fed by harsh Native Title laws and feelings of dispossession. Lateral violence…..which occurs when people who are victims of a situation of dominance, turn on each other instead of confronting the system that oppresses them …… is a major problem in indigenous communities. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 32 Culturally and linguistically diverse (CaLD) older adults 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) 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 33 New and emerging populations face additional challenges in re-settlement For example 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 34 Our research Aims 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 35 Methods used to gather data 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 36 Total number of survey responses CEOs Service providers Relatives Older people TOTAL: 8/04/2015 228 responses 214 responses 69 responses 45 responses 556 responses (c) Associate Prof Dale Bagshaw, UniSA 37 Causal and risk factors 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 38 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 39 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 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 40 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 37 53 90 37 48 85 38 42 80 37 35 72 37 29 66 19 19 38 41 Preventative strategies 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 42 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 43 Reasons for concern 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 44 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 45 % 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 3.2 3 2 2 2 46 Case examples from older women: Daughter refusing to visit or communicate until her mother gives her money or buys her significant assets the older person complies out of loneliness and feeling to blame for the daughter's life-outcomes (daughter is single, unhappy and alcoholic) 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 a 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 47 Examples of family members’ concerns: Relatives challenging the older person’s wishes regarding who gets what. The older person’s relatives and carers taking advantage of her age, memory and financial position. Daughters finding it difficult to convince the relevant government departments that their brother is financially abusing their mother – he even controls when they can visit her and for how long. Dementia making their older relative an easy target for financial abuse from other family members. Sister inappropriately withdrawing money from her mother’s bank account 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 48 Examples of family members’ concerns Older person feeling obligated to assist children/grandchildren financially, to her detriment Relatives bringing things that they know the older person will want to buy Substantial assets being managed by the older person’s son with minimal consultation with the other children The older person pressured to purchase a property in her son’s name. He does not pay anything on the principal. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 49 Examples of family members’ concerns Daughter and granddaughter taking money from the older person without asking. Siblings borrowing money from their father based on the prospect of assumed inheritance with ‘gifts’ being made to purchase new motor vehicles. Relative 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 mother’s bank account that her mother cannot account for. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 50 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 51 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 52 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 53 Barriers to reporting for victims from Culturally and Linguistically Diverse backgrounds Lack of knowledge of the 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; Bonar & Roberts 2006). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 54 Need for a common understanding of what constitutes abuse of an older person Social and cultural (rural, ethnic, 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 55 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 56 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). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 57 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 58 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 59 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 60 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 61 Approaches to prevention There is a need for family support 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 62 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 between South Australian agencies. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 63 Second stage: Developing, piloting & evaluating mediation as a potential preventative approach In the final phase of our research we developed and trialled a model of older-person-centred family mediation with our Linkage partners to evaluate the short and long-term effectiveness of the mediation 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) offered a free service to older people and their families for this trial. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 64 The mediators involved in the trial were 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 65 Stage 2: Aims of the mediation trial To design, pilot & evaluate a specialised olderperson-centred model of family mediation which focuses on the best interests & safety of older family members, directly or indirectly includes their voices in decision-making & builds resilient & protective family relationships. To 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 66 Family mediation can be beneficial … when an older person wishes to involve family members in decisions or plans about their finances and assets, and/or when family members believe that an older person is vulnerable to, or is experiencing, financial exploitation or abuse from a family member, and/or where family conflict involves an older person’s finances or assets. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 67 National survey findings Dominant survey responses from OP and relatives to a question about what people did in these situations that was helpful Assisted with communication and planning (n=24 of 44) Gave legal advice (n=11) and Human services agencies provided information about Powers of Attorney etc. (n=9). 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 68 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 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 69 Potential advantages of family mediation? There were 61 responses which can be grouped under the four main themes: 8/04/2015 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. (c) Associate Prof Dale Bagshaw, UniSA 70 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 family members could misuse the financial information provided the older person may feel uncomfortable discussing financial matters with family members. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 71 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 . 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 in the future 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 72 Ethical considerations The research was approved by UniSA’s Human Research Ethics Committee. Involvement in mediation is voluntary and confidential Support persons and advocates can be included. Potential participants are first seen separately and a screening tool is used to identify violence or abuse The focus is on ensuring that the voices of older people are heard and their safety, rights and best interests are upheld. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 73 In conclusion… 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 Safety and empowerment of the victim should be given the highest priority Need to develop responses that are specific to each individual, family and community (inc. Indigenous, CaLD) and to rural areas 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 74 It is also essential to develop models of prevention that address the ageist and gendered contexts in which abuse occurs to provide opportunities for older people to take ownership of and be empowered by processes of intervention to develop interdisciplinary understanding and collaboration and to provide a coordinated, multiple service system response to the victim, the perpetrator and the social network surrounding the victim. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 75 Above all we need to respect and value older people in our families and communities 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. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 76 For more information about the project Dale’s email address: Dale.Bagshaw@unisa.edu.au Dale’s University Homepage: http://www.unisanet.unisa.edu.au/staff/ho mepage.asp?name=dale.bagshaw Elder Abuse and Family Mediation Project website: http://w3.unisa.edu.au/hawkeinstitute/r esearch/elder-mediation/default.asp 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 77 References Access Economics 2005, Dementia estimates and projections: Australian states and territories, Alzheimer's Australia, Canberra. Association of Superannuation Funds of Australia 2011, Retirement balances on the increase - but more savings effort still required, viewed 15 February 2011, http://www.superannuation.asn.au/mr080211/default.aspx Australian Bureau of Statistics 2006, Personal safety survey, Commonwealth of Australia, Canberra. Australian Bureau of Statistics 2009, Future population growth and ageing, Cat. no. 4102.0 Canberra, viewed 23 February 2011, http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features10March%202009 Australian Network for the Prevention of Elder Abuse 2007, ANPEA Brochure, ANPEA, Hornsby NSW, viewed 15 February 2011, http://www.agedrights.asn.au/pdf/ANPEA%20Brochure%20June%2007.pdf Bagshaw, Dale, Wendt, Sarah & Zannettino, Lana 2009, Preventing the abuse of older people by their family members, Australian Domestic & Family Violence Clearinghouse: Stakeholder Paper 7, viewed 17 November 2010, <http://www.adfvc.unsw.edu.au/PDF%20files/Stakeholder%20Paper_7.pdf>. Bagshaw, Dale, Wendt, Sarah & Zannettino, Lana 2007, Our actions to prevent the abuse of older South Australians, Office for the Ageing, Department of Families and Communities, Government of South Australia, Adelaide, viewed 15 February 2011, http://www.sa.gov.au/upload/franchise/Seniors/Office%20for%20the%20Ageing%20%20Publications/Publications/Our%20Actions%20to%20prevent%20the%20abuse%20of%20older%20South%20Aust ralians.pdf Bagshaw, Dale 2003, 'Contested truths: Family mediation, diversity and violence against women', in Handbook of Conflict Management, eds. WJ Pammer & J Killian, Marcel Dekker, Inc, New York, pp. 49-84. Biggs, Simon, Manthorpe, Jill, Tinker, Anthea, Doyle, Melanie & Erens, Bob 2009, 'Mistreatment of older people in the United Kingdom: Findings from the first National Prevalence Study', Journal of Elder Abuse and Neglect, vol. 21, pp. 114. Boldy, Duncan, Webb, M, Horner, Barbara, Davey, Margaret & Kingley, B 2002, Elder abuse in Western Australia: Report of a survey conducted for The Department For Community Development, Seniors Interest, Freemasons Centre For Research Into Aged Care Services, Curtin University of Technology, Division of Health Sciences, Perth. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 78 Bonar, Maria & Roberts, Debra 2006, A Review of Literature Relating to Family and Domestic Violence in Culturally and Linguistically Diverse Communities in Australia Department for Community Development, Family Domestic Violence Unit, Government of Western Australia Perth. Brandl, Bonnie 2000, 'Power and control: Understanding domestic abuse in later life', Generations, vol. XXIV, no. 2, pp. 39-45. Brill, D 1999, 'Safeguarding the financial interests of vulnerable seniors', paper presented at the 7th National Guardianship & Administration conference, Wesley Conference Centre, Sydney, Australia. Brozowsk, K & Hall, D R 2004, 'Growing old in a risk society: Elder abuse in Canada ', Journal of Elder Abuse and Neglect, vol. 16, no. 3, p. 65. Cavanagh, Kate 2003, 'Understanding women’s responses to domestic violence ', Qualitative Social Work, vol. 2, no. 3, pp. 229-249. . Cripps, David 2001, 'Rights focused advocacy and elder abuse', Australasian Journal on Ageing, vol. 20, no. 1, pp. 17-22. Faye, B & Sellick, M 2003, Advocare's speak out survey "SOS" on elder abuse, Abuse Prevention Program Advocare Inc, Perth, WA. James, M & Graycar, A 2000, Preventing crime against older Australians, Australian Institute of Criminology Research and Public Policy Series, No 32, Canberra, viewed 19 January 2011, <http://www.aic.gov.au/publications/current%20series/rpp/21-40/rpp32.aspx>. Johnson, I 1997, 'Family members’ perceptions of attitudes toward elder abuse ', Families in Society: The Journal of Contemporary Human Services April, pp. 220-229. Kinnear, P & Graycar, A 1999, Abuse of older people: Crime or family dynamics?, Australian Institute of Criminology. Kinstle, Terri L., Hodell, Emily C & Golding, Jonathan M 2008, 'The impact of juror characteristics and victim health status on the perceptions of elder physical abuse ', Journal of Interpersonal Violence vol. 23, no. 9, pp. 1143-1161 Kurrle, Susan 2004, 'Elder abuse', Australian Family Physician, vol. 33, no. 10, pp. 807-812. . 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 79 Leisey, Monica, Kupstas, Paula K. & Cooper, Aly 2009, 'Domestic violence in the second half of life', Journal of Elder Abuse and Neglect, vol. 21, pp. 141-155. Livermore, Patrick, Bunt, Robert & Biscan, Katrina 2001, 'Elder abuse among clients and carers referred to the Central Coast ACAT: A descriptive analysis', Australasian Journal on Ageing, vol. 20, no. 1, pp. 41-47. Morgan Disney & Associates; with Leigh Cupitt and Associates and Council on the Ageing 2000, Two lives - two worlds: Older people and domestic violence Partnerships Against Domestic Violence, Commonwealth of Australia Canberra. Nerenberg, Lisa 2008, Elder abuse prevention: Emerging trends and promising strategies, Springer, New York. Office of the Public Advocate 2005, Mistreatment of Older People in Aboriginal Communities Project: An investigation into elder abuse in Aboriginal Communities, Perth, Western Australia. Office of Senior Victorians 2005, Strengthening Victoria's response to elder abuse: Report of the Elder Abuse Prevention Project, Victorian Government Department for Victorian Communities, Melbourne. Penhale, Bridget 1999, 'Bruises on the soul: Older women, domestic violence, and elder abuse ', Jounal of Elder Abuse & Neglect, vol. 11, no. 1, pp. 1-22. Rabiner, Donna J, O'Keeffe, Janet & Brown, David 2004, 'A conceptual framework of financial exploitation of older persons', Journal of Elder Abuse and Neglect, vol. 16, no. 2, pp. 53-72. Ramsey-Klawsnik, Holly 2000, 'Elder-abuse offenders: A typology', Generations, vol. 24, no. 2, pp. 1722. Seniors Rights Victoria and Council on the Ageing Victoria, 2012. Assets for Care: A Guide for Lawyers to Assist Older Clients at Risk of Financial Abuse: www.seniorsrights.org.au 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 80 Schofield, Margot J, Reynolds, Rhonda, Mishra, Gita D, Powers, Jennifer R & Dobson, Annette J 2002, 'Screening for vulnerability to abuse among older women: Women's Health Australia Study', Journal of Applied Gerontology, vol. 21, no. 1, pp. 24-39. Sengstock, M C 1991, 'Sex and gender implications in cases of elder abuse', Journal of Women and Aging, vol. 3, no. 2, pp. 25-41. Whittaker, T 1997, 'Rethinking elder abuse: Towards an age and gender integrated theory of elder abuse', in The mistreatment of elderly people, 2nd edn, eds. P Decalmer & F Glendenning, Sage, London, pp. 116-128. 8/04/2015 (c) Associate Prof Dale Bagshaw, UniSA 81