Legal Issues Related to Elder Abuse: A Pocket Guide for Law Enforcement

• NCJ Number: 248541
• Date Published: 2014
• Author(s): Lori A. Stiegel Jd
• Length: 58 pages
• Grant Number(s): 2010-DJ-BX-K078
• Agencies: BJA-Sponsored
• Publication Type: Guideline

Annotation

This national guide provides brief explanations of legal concepts, documents, and tools that may be misused to commit elder abuse or used properly to remedy it; and issues and actions that justice system professionals should consider if they suspect elder abuse has occurred.

Abstract

Elder abuse is often used as a general term that includes physical, sexual, and psychological abuse; neglect; and financial exploitation. Elder abuse harms millions of older people each year. This easy to use guide provides brief explanations of legal concepts, documents, and tools that may be misused to commit elder abuse or used properly to remedy it; and issues and actions that justice system professionals should consider if they suspect elder abuse has occurred. Included is background information on: types of elder abuse; abusers and risk factors; adult protective services and mandatory reporting; consent, capacity, and undue influence; and considerations for community corrections officers. Legal documents and tools reviewed include: deeds and life estates; guardians/conservators; health care advance; directives; joint owners/accounts; Medicaid planning; powers of attorney; nursing homes and assisted living; representative payees and VA fiduciaries; trusts; reverse mortgages; and wills. Many of the legal concepts, documents, and tools are cross-referenced in other sections of this guide.