NCJ Number
104732
Journal
Florida State University Law Review Volume: 14 Issue: 3 Dated: (Fall 1986) Pages: 745-777
Date Published
1986
Length
33 pages
Annotation
This paper traces the history of elder abuse legislation in Florida and other States and analyzes Florida's Adult Protective Services Act revised in 1986, with attention to it due process safequards for elderly persons.
Abstract
A survey of States' elder abuse legislation reveals wide discrepancies as to what constitutes abuse, neglect, or exploitation, who is covered, and who is to report abuse. Florida's first Adult Protective Service Act was passed in 1973. A history of this Act and subsequent laws demonstrates the need for precise definitions and detailed procedures to prevent violations fo due process rights and inappropriate intervention by social service agencies. Florida's revised 1986 law not only clarifies definitions of abuse, neglect, and exploitation, but also expands the definition of protective services to refer to types of services included and emphasizes the least restrictive alternatives. It provides detailed procedures for providing voluntary and involuntary services under emergency and nonemergency conditions and mandates greater interagency cooperation. The paper discusses issues that should be considered in future reviews of the Act and Florida's Guardianship law. 231 footnotes.