NCJ Number
166532
Journal
Judges' Journal Volume: 35 Issue: 4 Dated: (Fall 1996) Pages: 38-43
Date Published
1996
Length
6 pages
Annotation
After reviewing trends in elder abuse cases in the courts, this article discusses guidelines for State courts, cases that should enter the courts, barriers to court access for the elderly, how to handle cases more effectively, and judicial and court staff education.
Abstract
Although the extent of elder abuse is not accurately known, it is widely agreed that the problem affects a significant number of older persons. The American Bar Association Commission on Legal Problems of the Elderly undertook a study of current practices of the State courts in handling cases that involve elderly abuse and developed guidelines to enhance the ability of the courts to handle such cases. The project resulted in 29 recommendations. Regarding cases that should enter the courts, the Commission supported noncriminal-court involvement in cases of abandonment; domestic violence; fiduciary abuse; elder abuse within a Medicaid-certified nursing facility; abuse by an older person's guardian or caregiver; emotional, psychological, or mental abuse; financial exploitation; improper institutionalization; sexual abuse; and theft by a caregiver from an older person. The Commission also supported the use of civil remedies in situations that involve severe harm or death due to abuse. Recommendations also focused on ways to reduce barriers to court access for the elderly. The importance of supporting and assisting older abused persons, whether they are pursuing noncriminal-court remedies or are witnesses in criminal proceedings, is emphasized throughout the recommendations. Another focus of the recommendations is the training of judges about elder abuse, with the input of those whose disciplines involve elder abuse. Such training would prepare judges to be more aware of the prevalence of elder abuse in their communities, of the existence of State statutes that address the problem, and of the State and local agencies equipped to provide intervention and support to the parties involved. 10 notes