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Elder Law

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2012

Abuse

Articles 1 - 15 of 15

Full-Text Articles in Law

Financial Abuses Of Elderly Clients, Alison Barnes Aug 2012

Financial Abuses Of Elderly Clients, Alison Barnes

Marquette Elder's Advisor

This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.


Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer Aug 2012

Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer

Marquette Elder's Advisor

Written by health care professionals, this article investigates the use and usefulness of complementary and alternative medicines (CAMs) by senior citizens. These entities, classified by the FDA as dietary supplements, are among the most widely prescribed drugs in Europe. CAMs discussed include gingko biloba for vascular disease and dementia, glucosamine and chondroitin for arthritis, saw palmetto for benign prostate hypertrophy, St. John's Wort for depression, and valerian for insomnia.


Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard Aug 2012

Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard

Marquette Elder's Advisor

This article focuses on locating online resources related to institutional elder abuse. The article provides website addresses for the most comprehensive organizations and governmental agencies, along with reviews of their most useful pages.


Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn Aug 2012

Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn

Marquette Elder's Advisor

Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.


Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes Aug 2012

Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes

Marquette Elder's Advisor

Although financial elder abuse is often viewed as involving vulnerable victims, most victims are competent.


From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy Aug 2012

From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy

Marquette Elder's Advisor

This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.


Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak Aug 2012

Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak

Marquette Elder's Advisor

Horrific reports of physical and sexual abuse plague our nation's nursing homes. A key information resource for consumers, the federal Nursing Home Compare website, is failing to provide adequate information. While government officials are making efforts to improve the site, consumers must be vigilant and protect family members in nursing home care.


Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail Aug 2012

Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail

Marquette Elder's Advisor

Among elders with physical or emotional disorders, even modest alcohol consumption can seriously impair their already fragile health. Successful treatment requires identifying the problem, understanding the medical and social complexities involved, and providing the necessary support


Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll Aug 2012

Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll

Marquette Elder's Advisor

This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.


Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz Aug 2012

Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz

Marquette Elder's Advisor

The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.


Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes Aug 2012

Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes

Marquette Elder's Advisor

This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.


Elder Abuse: Indicators And Examples, Susan Beerman Aug 2012

Elder Abuse: Indicators And Examples, Susan Beerman

Marquette Elder's Advisor

Elder abuse can occur in many ways and involve people from all walks of life. This article lists some of the more obvious and observable signs of abuse and also many of the more subtle signals that may indicate the possibility of abuse and bear further investigation. The effects of self neglect and caregiver stress and their relationship to elder abuse are also discussed.


Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks Aug 2012

Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks

Marquette Elder's Advisor

Nursing home residents, especially those with diminished capacity and/or no close relatives nearby, are probably at much greater risk of abuse (especially sexual abuse) than available statistics would indicate. Hawks explains why abuse is underreported, how reporting requirements vary, and describes the effects of elder sexual abuse and its treatment. Legal actions that abused victims and government agencies can or should take and possible legislative changes are also explored.


Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen Aug 2012

Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen

Marquette Elder's Advisor

Millions of people deal with the effects of dementia on an elderly family member. Individuals suffering from the effects of dementia are susceptible to financial abuse. This article chronicles the financial abuse of Gladys Smith, an elderly widow suffering from dementia, and the litigation that ensued. The article analyzes what had been done to protect Gladys's estate, what could have been done better, and provides suggestions for estate planning for vulnerable elderly to best prevent financial exploitation by 1) expecting the worst-case scenarios; 2) advanced planning; 3) periodic communication; 4) creating layers of protection to guard against the worst-case scenarios.


"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore Aug 2012

"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore

Marquette Elder's Advisor

Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.