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Overview of Legal Issues, Services, and Resources (From Abuse and Maltreatment of the Elderly - Causes and Interventions, P 303-315, 1983, Jordan I Kosberg, ed. - See NCJ-91500)

NCJ Number
92688
Author(s)
P Nathanson
Date Published
1983
Length
13 pages
Annotation
Legal problems of elderly persons and possible means of resolving those legal problems are discussed.
Abstract
Elderly persons -- particularly those who have low incomes, belong to minority groups, and are frail -- confront legal problems peculiar to their age and status. Many elderly persons are dependent on government programs for support and have difficulty obtaining their benefits. In addition, the elderly often have problems in securing insurance benefits and in conducting normal consumer activities. The frail elderly are often subject to special guardianship and conservatorship laws and may be dependent on doctors, social workers, hospitals, and nursing homes. Vulnerable older people need legal assistance to avoid unnecessary institutionalization, inappropriate transfer from one nursing home to another, or discrimination because of income and insurance status. Quality of care in nursing homes has also become a legal issue. Areas of legal services most relevant to the needs of the elderly are legislative law reform and crisis intervention. Such services are available to the elderly through the public bar (the Legal Services Corporation, the Administration on Aging, and local church and civic groups) and through the private bar (the Commission on Legal Problems of the Elderly of the American Bar Association). Neighborhood dispute resolution is proving to be a valuable alternative to traditional courts in preventing elderly abuse and victimization. Thirteen footnotes are provided.