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Social Welfare Law

Marquette Benefits and Social Welfare Law Review

2015

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Finding The Middle Ground On A Slippery Slope: Balancing Autonomy And Protection In Mandatory Reporting Of Elder Abuse, Benjamin Pomerance Jan 2015

Finding The Middle Ground On A Slippery Slope: Balancing Autonomy And Protection In Mandatory Reporting Of Elder Abuse, Benjamin Pomerance

Marquette Benefits and Social Welfare Law Review

Millions of older Americans suffer from physical, mental, emotional, or financial abuse. Frequently, their abusers are family members, close friends, or other individuals who occupy positions of trust in their elderly victims’ lives. Unfortunately, due to a variety of factors, elder abuse is a tragically underreported crime. Experts estimate that for every case of elder abuse revealed to law enforcement authorities, five more cases go unreported, allowing the abuse to continue unchecked.

To combat this secrecy surrounding elder abuse, federal and state lawmakers enacted statutes requiring certain people— or, in some jurisdictions, all people—to report instances of suspected elder abuse …