NCJ Number
162749
Journal
Journal of Family Violence Volume: 10 Issue: 4 Dated: (December 1995) Pages: 413-424
Date Published
1995
Length
12 pages
Annotation
The 10 reported cases of elder abuse and neglect that were appealed to a higher court during 1981-93 were analyzed with respect to their characteristics and ultimate dispositions.
Abstract
The 10 cases involved attorney fees for a proprietor of a retirement home, a State's abuse registry, guardianship, the definition of an older person, the duty to care for an older person, and penalty enhancement. All 10 cases were appealed based on alleged errors of law. Six cases were affirmed by the appellate courts; two cases were reversed; and two cases were affirmed in part, reversed in part, and remanded back to the lower court. The findings indicated that, at least in the reported legal literature, cases of elder abuse are not occurring in appreciable numbers at the appellate level. However, this situation does not necessarily hold true at the trial level. Possible reasons for the small number of appeals by victims include the belief that the effort is not worthwhile, the relative newness of the laws on abuse and neglect of elderly persons, and adequacy of current laws, and the lack of interest in the topic by legal publishing companies. 41 references