NCJ Number
146707
Journal
Journal of Elder Abuse and Neglect Volume: 5 Issue: 2 Dated: (1993) Pages: 81-96
Date Published
1993
Length
16 pages
Annotation
England's legal framework for defining and responding to elder abuse and neglect is examined.
Abstract
Old age, unlike young age, does not constitute special legal status under English law. However, it is possible to construct a legal framework for dealing with elder abuse and neglect that is of use to physicians, social workers, caregivers, and others concerned with the welfare of elderly persons. Maximizing responsiveness in individual cases can be complicated, due to the differing standpoints of the involved professionals, and the differing capacities of the elderly persons. Elderly persons' need of protection and families' right to privacy must be carefully balanced. The author discusses criminal, domestic violence, welfare, residential care, and mental health laws as applicable to elder abuse and neglect. In any legal intervention scheme, the following features should be paramount: 1) Self- determination; 2) Right of access to independent legal advice; 3) Right of advocacy; 4) Entitlement to services based on need, regardless of demographic factors; 5) "One- stop" individualized needs assessment; 6) In cases of incapacity, minimized compulsory intervention; and 7) Intervention upon request of elder or caregiver. 28 references