Elderly Maltreatment is a problem that needs to be addressed by the nation as a whole. Every single day, older adults and adults with disabilities are suffering from abuse, neglect, and exploitation; often caused by people they know. The abuser is usually the individual’s spouses, family members, acquaintances, or an health care professional in a position of trust such as a caregiver. Under Georgia state law, abuse is considered to be physical Abuse, emotional Abuse, neglect and financial exploitation. Based on statistics from the National Center on Elder Abuse, the number of older adults who are abused each year is close to 5 million and this is a huge problem .In this paper I will be discussing elderly abuse and revised changes to the legislation …show more content…
Presently, elder abuse is defined by state laws, but state definitions vary from one state to another. There are sections regarding who is protected, who is considered mandated reporters, descriptions of reportable behavior, and the requirements for investigation of the allegations. Mandatory reporting laws for healthcare professionals exist in all 50 states for confirmed cases of elder abuse and 43 states are responsible for reporting when abuse is suspected. Currently, only 30 states have legal punishment for failure to report suspected elder abuse, although every state should this repercussion in place. Some states require that if a licensed professional chooses not to report elder abuse that their license be revoked. The laws created for elder abuse was created with the laws of child abuse in mind. I think that the laws are weak in structure on issue such as financial abuse, because children rarely had money to utilize. We must educate each other concerning the laws, and legislation of elderly abuse.
The barriers in adhering to the laws of elderly abuse and mandate reporting.
A variety of factors serve as barriers to reporting elder abuse such as lack of education, denial, apprehension of making the situation worse, desire to maintain healthy family relationships, and numerous court appearances.
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This training should include how to recognize when an elderly person has been abused. Continuing Education class should be mandatory for all Nursing homes and other residential staff. I would revised the mandatory reporting law requirements to include anyone that has witness or been informed of elderly abuse..As the law currently stands a person that is not included in the categories of public employee or employees of an agencies that would contact with potential victims have no legal obligations to report. Secondly I would define elder abuse and neglect within the statute and identify to whom maltreatments should be reported to. Penalties should be imposed for failure to report elderly abuse. The stature presently in place only deals with reporting the abuse and it fails to provide resources to follow up after filing the report. I would outline what to do once the report has been made .I agree that it can be difficult to prove that elder maltreatment has occurred but we should screen and document every bit of suspicious information whether it is verbal or physical. The proper protocols for reporting abuse, elder abuse screening, assessment of risk factors, and documentation should be posted in all health care facilities including nursing homes. There is a need
However, since I’m hearing it and not directly being informed about it, I cannot do anything. Also with culture consideration, sometime what you think is right other does not think so. With that being said, I want to inform my clients about elderly negligent because it does happens and that they have the right to know what to do. Many of my Vietnamese elders do not know where to go for help or how to get resources. By telling them that they can get help by their case manager, or us
inally, Title VII provides support for programs to ensure protection of the rights of older adults, including the Long-Term Care Ombudsman Program and elder abuse prevention services. The Long-Term Care Ombudsman Program is required to investigate and resolve complaints made by or on behalf of nursing facility residents or other institutionalized populations. Title VII funds are allocated based on the state’s proportion of residents age 60 and
If they inform the police, they can start an investigation. The health care institution also should make sure that elderly people attend to their appointments because that way they can know if elderly people receive an adequate treatment in their homes. Clearly identify the perpetrator and describe the circumstances leading to the abuse of the elder (risk factors) The perpetrator was a 59 years old women named Dorothea Puente.
There are numbers of legislation and regulation that have been created in order for people to safeguard vulnerable adults. These laws are passed by authority like the parliaments. These regulations include: • safeguarding vulnerable groups Act 2006 • Protection of vulnerable groups Scotland act 2007 • The police Act 1997 • The sexual Offence Act
The author, Woods, aimed to prove that the court system should be looking more carefully when deeming a guardian appropriate to care for a vulnerable elder. “Guardians must act under the strictest standards of care and accountability-and the court has responsibility for oversight” (Woods, 2012).The goal of thoroughly examining the guardian is to reduce the likelihood that abuse will occur later on. A “Five-Plus-Five” formula was developed to help guardians protect the rights of the vulnerable elderly who need cared for. There are five questions that should be asked prior to appointing a guardian and after the guardianship is implemented.
The United States government is doing a surprisingly little amount for the million of elderly who are being abused everyday. An affective abuse policy increasing elderly protection services is immensely needed. The public should also be informed about elderly abuse, and the individuals who commit the crime of abusing the elderly should have stricter punishments. People in society can help towards pushing for a more goal driven elder justice policy. In the article, “The Elderly Must Be Protected From Abuse,” author Robert B. Blancato explains seven goals which should be addressed towards elderly justice.
At Adult Protective Services majority of our work involves investigation of abuse, neglect, and exploitation. At Adult Protective Services our job is to protect the vulnerable elderly population, as well as the population that have disabilities. “Only APS is statutorily authorized and responsible for investigating elder and vulnerable adult abuse and taking steps to protect the victims, and it is generally only APS that helps the most frail and incapacitated older persons”(Quin, 2012, p.68). When abuse is suspected, a case worker will reach out to all parties involved, such as the alleged victim, alleged perpetrator, and all collaterals. Unlike many other professions, case worker are not required to have any written consent to speak with
• The Caregiver/alleged abuser may be a friend and co-worker. • Caregivers may be afraid that reporting will make the situation worse. • Caregivers may be fearful of alienating the caregiver/abuser and having needed services refused. • Caregivers may be reluctant to break the "Code of Silence" among
The victims either do not have the means to report or fear retribution for reporting the abuse. There have been many cases where the elderly are not even aware about the abuse. In such cases it is upto the visiting members to see to it that such abuse do not occur and if they come across such abuse take immediate action with the help of a skilled Injury Lawyer Kitchener. In a nursing home environment, there are broadly speaking two types of abuse.
This can be evidenced in a BBC Documentary (2014), which investigated abuse being carried out at number of care homes. Residents were left soaked in urine or faecal matter for hours at a time, others suffered dehumanisation and emotional pain by being refused to go to the toilet and left for two hours. There were also signs of physical assault, verbal abuse and psychological abuse in all three homes investigated by the BBC. Dunning (2010) credits that having an advocate in place at a care home setting could prevent any future abuse or neglect happening in the first instance. Lancaster Advocacy (2006) cited in Community Care (2006), believe that “Older people can be particularly vulnerable”.
Prospective JD candidate Jane Black analyzes the issue of elder abuse in her article “The Not-So-Golden Years: Power Of Attorney, Elder Abuse, And Why Our Laws Are Failing A Vulnerable Population” (particularly the financial aspect) and creates a solution to the glaring issues that plague the system meant to protect the elderly. Black uses three main points to produce an accurate look at the issues at hand. First, elderly people are particularly vulnerable to abuse making them easy targets. Second, the laws that are meant to keep the elderly safe are weak, thus enabling more abuse. Third, by creating stronger laws and programs, elder abuse can be curbed very easily.
Child abuse and child maltreatment did not just happen, it was in the past and present with the same concerns , which is still the challenge of protecting children to ensure they grow into healthy productive adults. Too many of our children today are been abused, neglected, and killed under our watch. We depend on the system to handle this problem. one of the leading interrelationships among policymakers, public and private agencies is the Child Abuse Prevention and Treatment Act (CAPTA) .
This allows for the complained failures to quiqly be addressed and also identifies ways in which complaint procedures can be improved for future use to increase service provision and minimise the inability to successfully respond to possible failures in duty of care that may occur again. 7 / B.P3: Describe the types and signs of abuse and neglect that may be experienced by different individuals - Abuse is seen as purposely causing harm or distress to an individual and neglect is
Abuse to the Elderly and its Implications to the Nursing Practice Name Institution Abuse to the Elderly and its Implications to the Nursing Practice The elderly are subjected to abuse all over around the world, either in their homes, in the relatives’ homes where they have been put up or in nursing homes. Their abusers are close family members and relatives, spouses, doctors, attorneys, professional caregivers as well as strangers. This abuse normally goes unnoticed as the elderly do not have a platform through which they can express the predicaments they go through, and according to Podnieks, it was until recently that it came to public attention though it have been known to exist (cited in Momirov & Durfrey, 2011). This is as a result of increase in number of gerontologists and “previous discoveries of child and wife battering” (Momirov & Durfrey, 2011). Elder abuse has been categorized into various types such as physical abuse, sexual abuse, emotional/psychological abuse, financial abuse and neglect.
Elder abuse can be referred to as a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. Elderly people often get abuse by people who should be their protector and carer, in most circumstances many elderly adults are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. If you suspect that an elderly person is at risk from a neglectful or overwhelmed caregiver, or being preyed upon financially, it’s important to speak up. Learning about the warning signs of elder abuse, what the risk factors are, and how you can prevent and report the problem it’s very vital in protecting the elderly from abuse, some of these abuse are; • Not caring for someone property (neglect) • Pressuring