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COMBATTING ELDER ABUSE THROUGH THE LEGAL PROCESS

NCJ Number
145405
Journal
Journal of Elder Abuse and Neglect Volume: 3 Issue: 1 Dated: (1991) Pages: 65-96
Author(s)
H B Eisenberg
Date Published
1991
Length
31 pages
Annotation
The experiences of law students and attorneys who handle cases of elder abuse through a law school clinical program are highlighted.
Abstract
This article describes the experiences of lawyers and law students at the Southern Illinois University Law School who are involved in providing legal services to the elderly people in the area. Over the years, program administrators have seen a significant increase in the number of cases of abuse. Identifying the existence of abuse, either financial or physical, is an issue attorneys with elderly clients must face. The article outlines aspects of the various types of abuse. Short- term and long-term strategies available to attorneys to prevent abuse or to remedy past abuse are discussed. The particular difficulties of representing elderly persons who are incompetent are highlighted. The need for cooperation between attorneys and social service workers is emphasized. Social workers can provide the victim with needed services and the moral support needed to get through legal proceedings. The author concludes that the single most important device in combatting elder abuse is community legal education. Our elderly population must be instilled with the idea that they have basic rights that the legal system is prepared to protect.

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