Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in Law
Financial Abuses Of Elderly Clients, Alison Barnes
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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.