Financial conflicts in the older person's family, as evident in social workers’ legal proceedings

The family is described as a social institution and a very central group of belonging in the life of the old person. The extension of life expectancy has an impact on the characteristics of the family system and relationships between family members. The period in which several family generations live simultaneously is getting longer, and it seems that despite changes in family structures the importance of the family still exists and the intergenerational ties among family members continue to be significant. There are various family theories that relate to old age, and describe the family ties and interactions between family members. Elements such as family cohesion, solidarity, feelings of warmth and closeness, care and giving between family members, have a great impact on the well-being of the elderly person and his family members.

Alongside these family theories, there is also a reference to the dimension of family conflict. Family members can experience a sense of ambivalence that is manifested when dilemmas and contradictions in relationships are perceived by different generations in the family as unbridgeable. Conflict is a normative aspect of family relationships, affecting the way family members perceive each other and influencing their willingness to help each other. Conflicts can arise from various sources, such as situations related to coping and caring for the elderly family member, in medical and functional deterioration situations, end-of-life situations, and also in situations of caring for a parent with dementia and cognitive decline. According to studies, conflicts between siblings around caring for an aging parent on medical and personal issues are common.

When the parent is unable to take care of his own affairs, due to dementia, decreased cognitive status or other functional medical reasons, it is possible in cases where necessary, to apply for legal action for the appointment of a guardian or other alternatives in law (Legal Training and Guardianship Law 1962 including amendment number 18 of the 2016 Law).

In the framework of this legal procedure, an order is usually issued for a survey of a social worker for the Procedural Law (hereinafter SW for PL). The SW for PL is a social worker who has undergone dedicated training for the position and has been appointed by the Israel Ministry of Welfare and Social Services for the purpose of implementing the law. During the legal procedure, the SW for PL is required to meet with the person in whose case the proceeding is taking place and his family members, and formulate his recommendation to the court regarding the need for guardianship or other alternatives, and which of the family members or others are suitable for appointment. In Israel, thousands of surveys of SW for PL are written in the elderly field.

Many times as part of the legal process, in which a decision has to be made about the legal alternative that is appropriate for the person and a decision on the appropriate family members to take care of his or her affairs, conflicts between family members arise and sharpen. Many studies have been conducted on family conflicts regarding a person's medical and personal matters, but research on family conflicts regarding financial matters, as revealed in the proceedings for the appointment of a guardian, is relatively little.

The aim of this study is to learn about the characteristics of the financial conflicts in the elderly person's family, the perception and attitudes of the family members involved as reflected in the SWs for PL surveys, and the interface between the financial conflicts and the appointment of a guardian. This study emphasizes the importance and opportunity for learning from the actual practice, and therefore includes an examination of review documents written by the SWs for PL and submitted to the court. The study included an analysis of 35 survey documents in the case of 24 different people. The survey documents analyzed were written by 11 SWs for PL. A combined mixed method research was chosen that includes a combination of descriptive quantitative research with qualitative thematic research, which complement each other and allow for a better and broader understanding of the research topic.

The purpose of the quantitative study is to map the characteristics of the financial conflicts, and includes personal data about the person in whose case the conflict and the legal process take place, data on the characteristics of the financial conflicts in the family, and data on the interface between the financial family conflict and the guardianship process. The quantitative research constitutes the background and context for qualitative research.

From the qualitative study, three points of view emerge: of the person in old age in whose case the procedure takes place; the family members; and the SWs for PL writing the survey. The qualitative thematic research allows reference to the deeper layer, which includes the perceptions and attitudes of those involved, beyond the visible layer of the subject of the conflict. The method of analysis included identifying and coding meaning units that emerged from each point of view and which were understood to be sub-themes grouped into one central theme from each point of view. Next, there was an integrative look at the three main themes that emerged from the three different perspectives. Combining the quantitative research with the qualitative research, enriched the research and enabled the expansion of the picture of the phenomenon and its characteristics.

. The findings of the quantitative study show that in terms of the characteristics of the elderly person in whose case the procedure takes place, 71% are women, the average age is 87, mostly widows with 2-3 children. 54% of the people were defined as debilitated and 46% as nursing. 63% of the people have a high income. 50% of the people were diagnosed with dementia and another 42% with a cognitive decline. The SW for PL's impression was that 9 people, who constitute 38% of all the people in whose case the surveys were analyzed, were able to express their position regarding the appointment of the guardian and were aware of the conflict. In terms of the characteristics of the conflicts, in 22 of the 24 families the conflict was between siblings (the person's children), and the main issues of the conflict were poor management of the parent's financial affairs (14 families), use of parental property for personal needs of the children (11 families), and an unequal distribution of the parent's property between the siblings (4 families). In 71% of the cases it is a relatively new conflict, and in 67% of the cases the reason for the appointment of a guardian relates to the financial conflict. In 83% of the surveys, the SW for PL's recommendation was to appoint a guardian, of these, 58% of cases recommended the appointment of family members. In 29% of the surveys, the SW for PL's reference to a mediation procedure in the family was stated, and in practice only in three did a mediation procedure take place.

From the analysis of the surveys in the qualitative study, three different points of view emerged. The main theme that arose from the person's point of view in his case is the procedure: the person in whose case the procedure takes place is aware of the family conflict, and takes one of two ways of coping: abolition and reduction of his will, or expression of will and decision. The main theme that arose from the point of view of the person's children (siblings): the siblings' discourse is centered on the parent's money, and floods gaps in attitudes and perceptions between siblings. The main theme from the point of view of the SW for LP writing the survey: adverse consequences of the family conflict on the person's condition, the aspiration to reduce the conflict, and the conflict of this aspiration with the need to decide on the candidate to be appointed guardian.

The main insights from this study stem from the integrative observation of the three main themes. The family conflict has negative consequences for the person, but despite the importance that the SW for LP sees in reducing the conflict, it appears that sometimes the legal procedure not only does not reduce the conflict, but also strengthens and sharpens the gaps between the siblings, the elder's children, around issues of managing the parent's finances. It turns out that the very existence of a procedure for appointing a guardian, which is concerned with safeguarding the person's affairs and well-being, may develop a situation of deterioration in relations between family members and thus actually cause harm to the person's affairs and well-being.

The importance of this study on the analysis of financial conflict characteristics in the elderly person's family, as reflected in the SWs for PL surveys, is in expanding the knowledge about the phenomenon and learning about the interface between the issue of financial conflicts in the family and the processes for appointing a guardian. The study also discusses and examines the meaning and implications of the procedure for appointing a guardian over the person in cases where there is a family conflict. The study could help design channels to address this issue among professionals relevant to the deliberate intervention of conflict situations in the families of elderly people with dementia and cognitive decline. This study points to the importance of setting and regulating policies also in the field of the social workers' ways of working and training, both as SW for PL and as social workers in the geriatric field, in dealing with family conflict situations. The findings of the study raise the question of the possibility of creating a legal settlement model aimed at dealing with the issue of conflict in the elderly person's family, which emerges from the legal procedure for appointing a guardian. Such a legal settlement will make it possible to take advantage of the opportunity to direct the legal process to a procedure that focuses on resolving conflict and dealing with family conflict, for the well-being of the person and his family.