論高齡金融剝削之防制：由財務判斷能力談起

A Study on Preventing Financial Exploitation of Older Adults: A Perspective from Financial Decision Capacity

近年來，各國關於防止金融剝削之討論甚多，但從高齡者之認知能力著眼者較少。本文以為，高齡者之認知能力或許會影響其受到金融剝削之可能，兩者實乃一體之兩面。因此，本文首先由高齡者之認知能力與財務決策能力入手，釐清高齡消費者財務決策能力之概念與流程，再逐步分析我國之相關規範與金融消費評議中心之決定，最後提出相關建議。本文以為，Lichtenberg教授所提出之模型可以更具體的釐清各項影響高齡者決策之因子，值得參考。未來可以財務決策能力為核心，檢視目前實務上之詢問事項與計分機制，並輔以業務人員之忠實義務與適合度義務，以更全面的捕捉高齡者之真實能力。再者，如果計分機制達一定警戒值時，交易即應全程錄音或錄影，並採取醫病共享決策（shared decision making, SDM）之概念。最後，基於更完整全面的問項、以及錄音或錄影，可在評議過程中更積極發揮公平合理原則，檢視業者行為之妥適性。

In recent years, there has been extensive discussion worldwide on preventing financial exploitation, but relatively little focus has been placed on the cognitive abilities of older adults. This paper argues that an elderly person's cognitive ability and their likelihood of experiencing financial exploitation are two sides of the same coin. Therefore, this paper first examines the relationship between cognitive ability and financial decision capacity in older adults, clarifying the concepts and processes involved in financial decision-making for elderly consumers. It then analyzes relevant regulations and decisions made by FOI, concluding with specific recommendations.
This paper suggests that Professor Lichtenberg’s model offers a more concrete framework for identifying the factors that influence older adults’decision-making and is worth further consideration. Currently, Taiwan’s assessment of cognitive and financial decision-making abilities remains largely static and paper-based, leaving room for improvement. In evaluating a client’s suitability, financial institutions could incorporate questions related to cognitive and financial decision capacity and conduct regular assessments. Additionally, the fiduciary duty and suitability obligations of relevant personnel should be strengthened and refined to enhance their gatekeeping role. Finally, adopting the concept of Supported Decision-Making (SDM) could be beneficial. Financial institutions should inform elderly clients that they may invite family members, friends, or trusted individuals to participate in discussions. However, the final decision should ultimately remain with the older adult.