Equity Theory: Responding to the Material Exploitation of the Vulnerable but Capable
THEORIES ON LAW AND AGEING: THE JURISPRUDENCE OF ELDER LAW, I. Doron, ed., Springer Publications, 2008
7 Pages Posted: 1 Jan 2011
Date Written: September 30, 2008
Abstract
This paper considers the problem of material exploitation (including but not limited to financial abuse) of older adults who (while mentally "capable") can be considered "vulnerable," and whether legal response/protection is appropriate, or whether the recognition of vulnerability and, in particular, its association with age denies the autonomy of older adults. The author concludes that the equitable doctrine of undue influence provides a useful model for thinking about "vulnerability" as a meaningful legal construct.
Keywords: vulnerability, equity, aging, abuse
Suggested Citation: Suggested Citation