NCJ Number
125385
Journal
Journal of Elder Abuse and Neglect Volume: 1 Issue: 3 Dated: (1989) Pages: 51-63
Date Published
1989
Length
13 pages
Annotation
The adult protective services area is confronting several issues that have arisen in the past few years, including mandatory reporting, the use of self-neglect as a definition for access to cases, the use of administrative decisionmaking to determine involuntary interventions, and the potential conflict of interest between service agencies and investigative agencies.
Abstract
Legislation on mandatory reporting are modeled after child abuse reporting statutes and sometimes include stricter penalties than those mandated for abusers. However, the laws do not account for the difference between the presumed capacity of elder persons and the responsibility of the State to protect children. Instead, legislation should be able to determine the potential victim's capacity to make decisions, similar to that used in guardianship and conservatorship legislation. Researchers and adult protective services workers are usually divided on the question of whether self-neglect should be used as a criterion for case finding. Some present legislation does not adequately ensure that the standards and procedures of forcing an elderly person to accept changes of circumstances are equitably stated or enforced. Decisions of diminished capacity must be made by an independent authority, separate from the service agency. Some State legislation, mandating that one agency provide services and investigate elder abuse cases, has led to conflict of interest charges that are not easily resolved. The article discusses statutory changes that impact on the elderly including living wills and durable powers of attorney, advance planning, and guardianship legislative changes. National efforts have been made to reform legislation in order to further protect the vulnerable elderly and to clarify some of these issues. 6 notes, 12 references. (Author abstract modified)