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1.
J Interpers Violence ; 38(1-2): NP1893-NP1919, 2023 01.
Artículo en Inglés | MEDLINE | ID: mdl-35506415

RESUMEN

Researchers have established that rape myths shape perceptions of victims and perpetrators in criminal cases. Researchers have devoted less attention to exploring the impact of child sexual abuse (CSA) myths in court. While we know that jurors believe myths and misconceptions about the nature of CSA, no work has explored how these myths appear during the prosecution of CSA cases. The purpose of the present investigation was to assess how defense attorneys apply myths more specific to CSA in the questioning of children testifying about alleged CSA. The present study compliments and expands upon a previous study by St. George and colleagues (2021a), where authors examined the use of rape myths in the questioning of children making allegations of CSA. In the current study, we examined testimonies of 122 children testifying in criminal cases of alleged CSA in the United States. We qualitatively coded 6,384 lines of questioning for references to CSA-focused myths related to the disclosure process, witnesses and privacy issues, assumptions of harm, and the child's positive relationship with the perpetrator. These myths were common, occurring in over 10% of defense attorneys' lines of questioning. Disclosure issues were the most frequent, followed by witness and privacy issues, assumptions of harm, and the child's positive relationship with their perpetrator. In many cases, attorneys employed different strategies across child's age to highlight these myths. These findings compliment those of prior work suggesting that CSA myths, much like rape myths, are appearing with regularity. Defense attorneys are likely capitalizing on jurors' misconceptions to undermine children's believability.


Asunto(s)
Abuso Sexual Infantil , Maltrato a los Niños , Criminales , Niño , Humanos , Aplicación de la Ley , Abogados
2.
Wiad Lek ; 75(10): 2519-2524, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-36472291

RESUMEN

OBJECTIVE: The aim: To study the combination of medical, legal, ethical principles and regulations in the field of transplantology, as one of the key problems of bioethics. PATIENTS AND METHODS: Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of human right to transplantation among other somatic human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of human right to transplantation were identified. CONCLUSION: Conclusions: The level of modern development of the Institute of Transplantology depends primarily on the tolerance of the society itself regarding the concept of brain death. The actual normalization of the concept of death in one or another state determines the level of realization of the human right to organ and tissue transplantation. Regarding the reform of the current legislation in the field of transplantology, as one of the key problems of bioethics, first of all, moral principles should be taken into account (at the same time, today morality in its development is even slightly ahead of the development of international law, although progressive principles of legal regulation of transplantation processes have been distinguished at the international level ). Therefore, during the development of norms of both international and national law regarding transplantology, existing moral principles should be taken as a basis. At the same time, one should not forget that a necessary factor is the presentation of a number of issues for public discussion, as well as their discussion at scientific and practical conferences not only of doctors and lawyers, but also of theologians and philosophers.


Asunto(s)
Bioética , Médicos , Humanos , Derechos Humanos , Abogados , Principios Morales
3.
Fam Syst Health ; 40(4): 609-612, 2022 12.
Artículo en Inglés | MEDLINE | ID: mdl-36508636

RESUMEN

The United States' current healthcare delivery system is not prepared to address the expanding behavioral health (BH) crisis without treatment of upstream social determinants that contribute to downstream BH exacerbations. Medical Legal Partnerships (MLP) utilize lessons from integrated BH to create efficiencies, augment the reach of the current BH workforce, network community resources, and likely provide BH prevention at the family unit. Payment policy changes are needed, however, to provide sustainable access to these services. The current surge of federal and state funding for BH care needs may provide the policy window necessary to sustainably fund MLP lawyers as a novel, high-impact, professional on the integrated healthcare team. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Abogados , Servicios Legales , Humanos , Estados Unidos , Atención a la Salud , Grupo de Atención al Paciente
4.
Law Hum Behav ; 46(5): 337-352, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36227319

RESUMEN

OBJECTIVE: In guilty plea hearings, judges must determine whether defendants' plea decisions were made knowingly, intelligently, and voluntarily. Little is known, however, about how plea hearings unfold, especially in juvenile court, where hearings are generally closed to the public. In this study, we had the unique opportunity to systematically observe plea hearings in juvenile and criminal court. HYPOTHESES: We predicted that plea hearings would be brief and that defendant participation, especially among juveniles, would be minimal. We also explored how often judges addressed the plea validity components of knowingness, intelligence, and voluntariness and whether addressing these components differed by the type of court (juvenile, criminal), pretrial custody status, and pled-to charge severity. METHOD: Trained coders in California (n = 104, juvenile court) and Virginia (n = 140, juvenile court; n = 593, criminal court) systematically observed more than 800 guilty plea hearings. Coders reliably documented hearing length, whether the defendant was in pretrial custody, whether the evidence was reviewed, details on defendant participation, and judicial attention to plea validity. RESULTS: On average, juvenile plea hearings lasted about 7 min and criminal plea hearings lasted 13 min. Prosecutors rarely reviewed evidence against the defendants in the juvenile courts, and in one juvenile court, judges paid virtually no attention to plea validity. In the other two courts, certain waived rights (e.g., to trial, to silence) were reviewed consistently. Depending on the court, hearing length and plea validity elements addressed varied by defendants' prehearing custody status and the pled-to charge severity. CONCLUSIONS: These findings provide novel insight into how components necessary for plea admissibility-knowingness, voluntariness, and intelligence-are discussed with defendants and, in doing so, raise concerns about the degree to which plea validity is actively assessed in plea hearings. Plea hearings are formal, minutes-long events in which defendant engagement is low. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Criminales , Derecho Penal , Etilenodiaminas , Culpa , Audición , Humanos , Abogados
5.
Child Abuse Negl ; 134: 105930, 2022 Dec.
Artículo en Inglés | MEDLINE | ID: mdl-36302285

RESUMEN

BACKGROUND: International research has explored lawyer-child interactions in court; however, little focus has been spent examining other aspects of lawyers' interactions with children (e.g., interview preparation; building rapport). OBJECTIVE: The present study investigated lawyer's self-reported interactions with child witnesses. PARTICIPANTS AND SETTING: Participants included 96 lawyers (Mage = 40.34, SD = 11.07; 52 % female) practicing in Canada with experience questioning child witnesses (under 18 years old). METHODS: A survey was used to gather self-reported data on how lawyers prepare for, question, and respond to children as witnesses in court. We then explored whether these strategies differed depending on the role of the Canadian lawyer (i.e., prosecution or defence), experience, or gender. RESULTS: Results indicate that lawyers report and demonstrate knowledge consistent with current best practices in questioning children. While gender and experience did not appear to play a strong role in lawyer-child interactions, prosecutors reported behavior more consistent with best practices compared to defence lawyers. CONCLUSIONS: These findings provide important insight into strengths and weaknesses of lawyer-child interactions in court as well as highlight a strong need for future research to examine the link between self-reported behavior (i.e., perceived behavior) with observable behavior (i.e., actual behavior) in lawyer-child interactions.


Asunto(s)
Relaciones Interpersonales , Abogados , Femenino , Humanos , Adolescente , Adulto , Masculino , Canadá , Encuestas y Cuestionarios
6.
Subst Abuse Treat Prev Policy ; 17(1): 69, 2022 Oct 27.
Artículo en Inglés | MEDLINE | ID: mdl-36303216

RESUMEN

BACKGROUND: According to a landmark decision by the Swiss Federal Supreme Court, people with a substance use disorder (SUD) are now eligible for disability benefits if their disorder impairs their ability to work. Alcohol use disorder (AUD) is one of the most common SUDs in Switzerland and is associated with high societal and economic costs. This study aimed to gain an in-depth understanding of the views of professional stakeholder groups regarding AUD and their opinions on the new legal precedent. METHODS: Swiss social insurance lawyers, insurance medical experts, and addiction-specialist therapists (N = 79) answered an online questionnaire. Due to violations of the assumption of normality, non-parametric tests are reported in most cases. RESULTS: Therapists held significantly higher regard for patients with AUD than both lawyers and insurance medical experts. All three groups strongly supported a disease view of AUD but agreed significantly less that it was a disease like cancer, suggesting that AUDs might be seen as at least partially self-inflicted. Overall, moralist views of AUD received considerably less support than the disease view, with lawyers agreeing with moralist views more than therapists. All groups were well-informed and largely supportive about the new legal precedent. When asked about stipulating participation in medical treatment to mitigate damages associated with a claim, attending therapy was supported the most amongst the groups (80% of participants felt this was somewhat or fully appropriate), followed by a reduction in drinking quantity (58%), and abstinence (18%). In all three groups, we identified associations between certain views and opinions on AUD and support for the new legal precedent. CONCLUSIONS: Whilst there were differences between the stakeholder groups in their regard for and views of AUD, all three adopted a clear harm-reduction approach with respect to measures to mitigate damages associated with the insurance disability claim. A possible connection of this stance with the Swiss national drug policy in recent years is discussed together with limitations of the study and practical implications of the findings.


Asunto(s)
Alcoholismo , Seguro por Discapacidad , Humanos , Alcoholismo/terapia , Suiza , Abogados , Consumo de Bebidas Alcohólicas
7.
PLoS One ; 17(8): e0272606, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-35951515

RESUMEN

OBJECTIVE: The purpose of the present study was to examine the effect of deliberative vs. intuitive thinking styles on forensic judgments of legal professionals. Two hypotheses were tested: (a) that low deliberative thinking would be related to judgmental biases (b) that lawyers would report a greater tendency and preference toward deliberative thinking in comparison to students and make more rational judgments. METHOD: Ninety-one lawyers and 120 undergraduate students, who served as controls, were asked to read a criminal case depicting sexual harassment (SH) and judge victim and offender blame, whether the case constitutes SH, and the damage for the victim. RESULTS: Deliberative thinking of lawyers was higher than students, and higher than their intuitive thinking style, supporting the more rational blame attributions of the former. In addition, higher deliberative thinking was related to a stronger perception of the event as SH. Nevertheless, all the participants were more inclined to perceive the case as SH when the victim was a woman instead of a man. CONCLUSIONS: The results suggest that gender stereotypes and bias may persist despite high deliberative thinking and may even be manifested through deliberative thinking processes. Awareness of legal professionals of these biases as well as the development of more objective tools which will help make the judging process less subjective-will ensure more accurate assessment of victims, offenders, and cases.


Asunto(s)
Víctimas de Crimen , Acoso Sexual , Femenino , Humanos , Juicio , Abogados , Masculino , Percepción Social , Estudiantes
8.
J Healthc Risk Manag ; 42(2): 26-30, 2022 Oct.
Artículo en Inglés | MEDLINE | ID: mdl-35980606

RESUMEN

In the world of health care litigation it has become clear that medical malpractice cases now contain two claims-one on the medicine and one on the electronic health record (EHR). Two years of contentious discovery motions over the production of a complete copy of the EHR and audit trail in a case involving the delivery of a baby recently resulted in a nightmare scenario for a large health care system: sanctions in the form of an order entering judgment of liability in favor of the patient. The order was entered before depositions on the medicine were ever held. The decision in Prieto v. Rush University Medical Center (RUMC), et al. is the premiere example why patients' lawyers are focused on the audit trail. In this case, they were able to secure a legal victory without even litigating the underlying facts of the case.


Asunto(s)
Responsabilidad Legal , Mala Praxis , Humanos , Lactante , Abogados
9.
Am J Emerg Med ; 60: 171-176, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36037733

RESUMEN

BACKGROUND: Emergency department (ED) high utilizers are a costly group of patients due to their higher utilzation of acute care costs. At a safety-net hospital, we enrolled patients in a program which partnered with lawyers and community health advocates (CHAs) to navigate patients' social, medical and legal needs. Our aim was to decrease costs and utilization and address the patient's social determinants of heath (SDOH). METHODS: We enrolled patients with 4 or more ED visits in the prior 6 months and gave them SDOH and medical questionnaires. Patients were followed for 6 months on a weekly, then bi-monthly basis. All utilization and cost data were obtained through an internal data warehouse and evaluated using a pre-post analysis and broken down into quartiles. RESULTS: ED, admission, and total costs did not differ significantly between the 12 months pre-enrollment and the 12 months post-enrollment. Outpatient costs did increase ($2182 increase, p < 0.005). ED visits declined significantly in the post-enrollment period (IRR = 0.84, p = 0.048), with the highest impact on those with <7 ED visits. Total admissions did not decline (IRR 0.84, p = 0.059). But, among those with 4 or 5 ED visits, admission costs and visits decreased. On average, six SDOH issues were identified. Of these, approximately 30.3% were mitigated with up to 17% requiring legal help. CONCLUSION: While outpatient costs did increase, total costs did not decrease in this program. This type of non-clinical intervention may be best served for patients who are less clinically complex but significant social needs.


Asunto(s)
Servicio de Urgencia en Hospital , Salud Pública , Humanos , Abogados , Defensa del Paciente , Determinantes Sociales de la Salud , Confianza
10.
Rev Med Suisse ; 18(789): 1361-1364, 2022 Jul 06.
Artículo en Francés | MEDLINE | ID: mdl-35792590

RESUMEN

The intervention of the lawyer is of crucial importance after the sentencing of the institutional therapeutic measure for the treatment of mental disorders, especially in view of the concrete risk of never being released and the vulnerability of the convicted person due to his mental disorders. However, the intervention of the therapists in charge of the detainee's follow-up is essential in the context of the execution of the measure. In fact, it is on the basis of the evolution of the condition that led to the pronouncement of the measure that its extension can be considered. There is therefore a necessary interaction between the medical and the judicial authorities in the context of the execution of the measure, each of which must be concerned with enabling the detained person to complete the measure.


L'intervention de l'avocat revêt une importance cruciale après le prononcé de la mesure thérapeutique institutionnelle pénale de traitement des troubles mentaux, au regard en particulier du risque concret de ne jamais retrouver la liberté pour la personne condamnée et de sa vulnérabilité due à ses altérations psychiques. Dans un même temps, l'intervention des thérapeutes en charge du suivi de la personne détenue est essentielle dans le cadre de l'exécution de la mesure. En effet, c'est à l'aune de l'évolution de l'état à l'origine du prononcé de la mesure que son élargissement pourra être envisagé. Il y a donc une nécessaire interaction entre le médical et le judiciaire dans le cadre de l'exécution de la mesure, chacun devant avoir le souci de permettre à la personne détenue que la mesure prononcée puisse un jour prendre fin.


Asunto(s)
Abogados , Trastornos Mentales , Humanos , Trastornos Mentales/terapia
11.
N C Med J ; 83(4): 275-277, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-35817456

RESUMEN

Before the onset of the COVID-19 pandemic, North Carolina had seen encouraging reductions in opioid overdose deaths. In the years since, this trend has unfortunately reversed. In this interview, Guest Editor Carrie Rosario talks with North Carolina Attorney General Josh Stein about how the state will use settlement funds to prevent future overdose deaths.


Asunto(s)
COVID-19 , Sobredosis de Droga , Administración Financiera , Analgésicos Opioides , COVID-19/epidemiología , Sobredosis de Droga/prevención & control , Humanos , Abogados , North Carolina , Pandemias
12.
J Occup Environ Med ; 64(7): 621-627, 2022 07 01.
Artículo en Inglés | MEDLINE | ID: mdl-35732047

RESUMEN

OBJECTIVE: Investigate the associations between drug abuse and the prevalence of the engagement and burnout dichotomy in law professionals. METHODS: Eligible participants completed a questionnaire where odds ratios of drug abuse and other confounding variables and their association to engagement or burnout were calculated using multiple logistic regression. RESULTS: When looking at all law professionals, burnout is a statistically significant predictor for drug abuse ( P = 0.04, not shown). Law professionals whose burnout scores fell in the highest bin have 4.71 (95% CI [1.38-16.08]) times higher odds of having a problem with drug abuse than those whose burnout scores fell in the second bin. CONCLUSION: Study findings showed a possible way to affect the prevalence of drug abuse in law professionals by affecting the engagement and burnout dichotomy.


Asunto(s)
Agotamiento Profesional , Trastornos Relacionados con Sustancias , Agotamiento Profesional/epidemiología , Agotamiento Psicológico , Humanos , Abogados , Trastornos Relacionados con Sustancias/epidemiología , Encuestas y Cuestionarios
15.
J Law Med ; 29(1): 156-172, 2022 Mar.
Artículo en Inglés | MEDLINE | ID: mdl-35362285

RESUMEN

Legal services can play a critical role in facilitating claimant access to entitlements and shaping claimant experiences and outcomes in compensation settings. However, much remains unknown about claimants' goals in engaging legal services, experiences of using legal services, and satisfaction with legal advisers. Drawing on semi-structured interviews with claimants in the road traffic injury compensation scheme in the State of Victoria, Australia, this article identified that most claimants engaged legal services to access entitlements when they struggled to do so alone. Claimants often had little understanding of the activities performed by their lawyers: despite this, most viewed legal service use as valuable or worthwhile in terms of outcomes achieved. Claimants' experiences and levels of satisfaction were coloured by the quantity and quality of communication between themselves and their legal representatives. The findings highlight opportunities for schemes, lawyers, and legal profession regulators to increase the responsiveness of services to claimants' needs.


Asunto(s)
Abogados , Humanos , Victoria
16.
J Law Med Ethics ; 50(1): 157-168, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-35243986

RESUMEN

Attorneys regularly prepare advance healthcare directives for their clients. However, attorneys, lacking medical knowledge, are often considered ill-equipped to prepare such documents. While recognizing and respecting the fact that advance healthcare directives pertain to decisions about medical care, this article proposes that attorneys who prepare advance healthcare directives nevertheless provide a valuable service.


Asunto(s)
Directivas Anticipadas , Abogados , Atención a la Salud , Disentimientos y Disputas , Humanos , Respeto
17.
BMC Med Ethics ; 23(1): 16, 2022 03 04.
Artículo en Inglés | MEDLINE | ID: mdl-35246129

RESUMEN

BACKGROUND: Defensive practice occurs when physicians provide services, such as tests, treatments and referrals, mainly to reduce their perceived legal or reputational risks, rather than to advance patient care. This behaviour is counter to physicians' ethical responsibilities, yet is widely reported in surveys of doctors in various countries. There is a lack of qualitative research on the drivers of defensive practice, which is needed to inform strategies to prevent this ethically problematic behaviour. METHODS: A qualitative interview study investigated the views and experiences of physicians in Australia on defensive practice and its contribution to low value care. Interviewees were recruited based on interest in medico-legal issues or experience in a health service involved in 'Choosing Wisely' initiatives. Semi-structured interviews averaged 60 min in length. Data were coded using the Theoretical Domains Framework, which encapsulates theories of behaviour and behaviour change. RESULTS: All participants (n = 17) perceived defensive practice as a problem and a contributor to low value care. Behavioural drivers of defensive practice spanned seven domains in the TDF: knowledge, focused on inadequate knowledge of the law and the risks of low value care; skills, emphasising patient communication and clinical decision-making skills; professional role and identity, particularly clinicians' perception of patient expectations and concern for their professional reputation; beliefs about consequences, especially perceptions of the beneficial and harmful consequences of defensive practice; environmental context and resources, including processes for handling patient complaints; social influences, focused on group norms that encourage or discourage defensive behaviour; and emotions, especially fear of missing a diagnosis. Overall, defensive practice is motivated by physicians' desire to avoid criticism or scrutiny from a range of sources, and censure from their professional peers can be a more potent driver than perceived legal consequences. CONCLUSIONS: The findings call for strengthening knowledge and skills, for example, to improve clinicians' understanding of the law and their awareness of the risks of low value care and using effective communication strategies with patients. Importantly, supportive cultures of practice and organisational environments are needed to create conditions in which clinicians feel confident in avoiding defensive practice and other forms of low value care.


Asunto(s)
Medicina Defensiva , Médicos , Australia , Miedo , Humanos , Abogados , Atención de Bajo Valor , Médicos/psicología , Investigación Cualitativa
18.
BMC Health Serv Res ; 22(1): 210, 2022 Feb 16.
Artículo en Inglés | MEDLINE | ID: mdl-35172814

RESUMEN

BACKGROUND: Medical legal partnerships provide an opportunity to help address various social determinants of health; however, the traditional practice of screening patients during clinical encounters is limited by the capacity of busy clinicians. Our medical legal partnership utilized care coordinators trained by the legal service attorneys to screen patients outside of clinical encounters for health harming legal needs. The goal of our study was to demonstrate that our novel model could successfully identify and refer patients of a safety-net healthcare system to appropriate legal services. METHODS: We conducted a mixed methods evaluation of the program. Data was collected during the implementation period of the program from March 2017 to August 2018. Operational data collected included number of patients screened, number of referrals to the legal partner, source and reason for referrals. Return on investment was calculated by subtracting program costs from the total reimbursement to the health system from clients' insurance benefits secured through legal services. RESULTS: During the 18-month study, 29,268 patients were screened by care coordinators for health harming legal needs, with 492 patients (1.7%) referred for legal assistance. Of the 133 cases closed in 2017, all clients were invited to participate in a telephone interview; 63 pre-consented to contact, 33 were successfully contacted and 23 completed the interview. The majority (57%) reported a satisfactory resolution of their legal barrier to health. This was accompanied by an improvement in self-reported health with a decrease of patients reporting less than optimal health from 16 (89%) prior to intervention to 8 (44%) after intervention [risk ratio (95% confidence interval): 0.20 (0.04, 0.91)]. Patients also reported improvements in general well-being for themselves and their family. The healthcare system recorded a 263% return on investment. CONCLUSIONS: In our medical legal partnership, screening for health harming legal needs by care coordinators outside of a clinical encounter allowed for efficient screening in a high risk population. The legal services intervention was associated with improvements in self-reported health and family well-being when compared to previous models. The return on investment was substantial.


Asunto(s)
Atención a la Salud , Servicios Legales , Humanos , Abogados , Tamizaje Masivo , Derivación y Consulta
19.
J Cancer Surviv ; 16(1): 165-182, 2022 02.
Artículo en Inglés | MEDLINE | ID: mdl-35107800

RESUMEN

PURPOSE: Given the training and experience of lawyers, we assumed that a study of lawyers' willingness to disclose disability in the workplace would provide an example of the actions of a group knowledgeable about disability law. The current study accounts for the effect of visibility of disability, onset and type of disability, and whether the lawyer has made an accommodation request. We also investigate the role of other individual characteristics, such as sexual orientation, gender identity, race/ethnicity, age, and job-related characteristics, in willingness to disclose. METHODS: We use data from the first phase of a longitudinal national survey of lawyers in the USA to estimate the odds of disclosing disability to co-workers, management, and clients using proportional odds models. RESULTS: Lawyers with less visible disabilities, those with mental health disabilities, and those who work for smaller organizations have lower odds of disclosing to co-workers, management, and clients as compared to their counterparts. Attorneys who have requested accommodations are more willing to disclose as compared to those who have not, but only to co-workers and management. Women are less likely than men to disclose to management and clients. However, gender is not a significant determinant of disclosure to co-workers. Older attorneys are more likely to disclose to clients, whereas attorneys with children are less likely to disclose to co-workers. Lastly, lower perceived prejudice and the presence of co-workers with disabilities are associated with higher disclosure scores, but not for all groups. CONCLUSIONS: Individuals who acquired a disability at a relatively early point in life and those with more visible disabilities are more likely to disclose. However, such willingness is affected by the intersection of disability with other individual and firm-level characteristics. IMPLICATIONS FOR CANCER SURVIVORS: The findings imply that those with less visible disabilities and with health conditions acquired later in life are less likely to disclose. The relevance of the findings is heightened by the altered work conditions and demands imposed by the COVID-19 pandemic for cancer survivors.


Asunto(s)
COVID-19 , Personas con Discapacidad , Neoplasias , Minorías Sexuales y de Género , Niño , Diversidad Cultural , Revelación , Femenino , Identidad de Género , Humanos , Abogados , Masculino , Pandemias , SARS-CoV-2
20.
J Aging Soc Policy ; 34(3): 357-374, 2022 May 04.
Artículo en Inglés | MEDLINE | ID: mdl-31847789

RESUMEN

Enduring powers of attorney (POAs) are commonly used legal instruments that enable older people to plan for asset management in the event of future incapacity. The policy objective of POAs - empowering control over money and property - are frustrated when POAs are misused to financially exploit older people. This commentary integrates theory and evidence to propose a conceptual framework for POA-facilitated financial exploitation (POA-FE). Identified risk factors include inadequate knowledge about the POA role; family conflicts; attitudes of entitlement; and lack of planning and preparation for financial decision-making. POA-FE occurs on a continuum of behavior and strategies for preventing POA-FE are suggested using strengths-based approaches for older people and their attorneys.


Asunto(s)
Abuso de Ancianos , Abogados , Anciano , Abuso de Ancianos/prevención & control , Humanos
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