might also like to read:
A directory of Virginia artists maintained by Dr Michael
Bermant, Richmond, Virginia, USA.
Wide Art Resources
YOGA & TAI CHI
INFRINGEMENT - CONSUMER ADVISORY
use of Ranna® Trademark
OF THE ELDERLY
- information under this heading is not related to art. Scroll
back up for links to art related sites.
information about Elder Abuse, Financial Exploitation of the
elderly, or if you are concerned that an elderly loved one
is being mistreated, regardless of whether in a family context
or in an institutional or care-based setting, please follow
these links below - each link opens a new window:
Abuse Protection Unit. A community based organization
in Queesland, Australia. Definitions of the various forms
of elder abuse - financial, emotional, psychological,
physical, sexual, and neglect.
release from the Office of the Public Trustee (Queensland,
Australia) regarding financial abuse of the elderly.
The release states that "This type of abuse frequently
results in an elderly person’s assets, such as their
bank accounts or house being stolen. The effects can be devastating
because they may lose financial capacity to meet the cost
of their care... Frighteningly, the research shows it is family
or friends, entrusted with an elderly person’s financial
affairs, who take advantage of this trust to steal assets
for their own financial gain. It is common for the perpetrator
to claim that the financial abuse was just a form of early
inheritance..." (Peter Carne, Office of the Public
Trustee, Queensland, 15 October, 2009.)
Center On Elder Abuse . Has definitions of the various
forms of elder abuse - financial, emotional, psychological,
physical, sexual, and neglect. Government organization.
Has a Help Hotline.
Committee for the Prevention Elder Abuse . Also provides
definitions and current action in the USA for prevention
of Elder Abuse.
Facebook - there are multiple resources, case histories
and links to legislative issues on Facebook. This page will
give you some leads.
From the public record - recent equity lawsuits involving
aggrieved elderly plaintiffs:
in legislation are underway in many countries. Canada recently
(March 2012) passed laws protecting the elderly. There is
no legislation in Australia specifically addressing Elder
Dinancial Exploitation or Abuse. Regardless of the absence
or existence of legislation, Elder Abuse is clearly defined
by the social welfare professions and by the World
Health Organization. In Australia, for example, legal
cases which those professions or any reasonable person would
identify as fitting the definitions of elder financial exploitation
or abuse are typically framed in terms of equity. Each of
the following Australian cases involved disputes of property
between an elderly person and an adult child or friends/
carers of the elderly person.
arguments were based on equity and contended resulting trust
and/ or constructive trust, and defence arguments contended
gift or early inheritance.
cases below are cited here following the model of a recent
Remedies for Elder Financial Abuse In Inter-Vivos Transactions"
(Cockburn, T. & Hamilton, B, in The Queensland Lawyer,
2011, 31(2) ) identifying issues of the use of living
elderly people's assets by an adult child or friends, and
citing cases which did not specifically state that elder
abuse was at issue.
v. Hottes [26 October, 2012] Queensland Court of Appeals
(Australia). Decision in favour of the elderly plaintiff/
appellant. Constructive trust imposed on the defendant/
respondent "to address the respondent's unconscionability"
(paragraph 41). Proportionate equitable interest in the
subject property awarded to the plaintiff. Declaration
that the defendant held the proportionate interest in
the subject property on trust for the appellant. Defendant
also was ordered to pay commensurate proportion of rents
received by her over the subject property since January
v. Hottes [12 March, 2012] Queensland Supreme Court
(Australia). Decision in favour of the eldelry plaintiff
awarding "equitable charge" sought in the plaintiff's
claim. Defendant also was ordered to return chattels to
v. Elliott [2 May, 2008] District Court of Queensland
(Australia). Decision in favour of the elderly plaintiff.
Equitable charge sought and awarded, plus interest.
Field v Loh &
Anor [27 November, 2007] Queensland Supreme
Court (Australia). Judgment in favour of the elderly plaintiff.
Equitable interest in the subject property awarded to
v Wild [29 March, 2005] Queensland Court of Appeals
(Australia). Appeal ddcision was in favour of the elderly
plaintiff. Monetary award ordered along with declaration
that the defendant held the subject property on trust
for the appellant.
links go to external sites providing full transcripts
of the decisions in those cases in a new window for each
case. Click here
for an aggregate site with brief summaries of each case
and links to the decisions in those cases.
Ranna's art "...explores the profound
while serving as a portal to beauty."
(Kennelly, E., re Island, Continent exhibition
by Ranna®, Washington DC.
The author writes for Art & Antiques,
Art & Auction, ARTnews.)
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