Elder Abuse: The Attorney's Perspective

ISSN： 0731-7115

Source： Clinical Gerontologist, Vol.28, Iss.1-2, 2004-09, pp. : 55-82

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Abstract

Three cases have been presented for multidisciplinary consideration. This article analyzes them from the prospective of a practicing attorney. As such, it begins with a discussion of the ethical principles that govern legal practice, specifically in the area of elder law. The discussion which follows examines key points of law pertaining to elder abuse, neglect, and exploitation including key definitions; the duty of the attorney to report suspected cases; and rights of and procedural safeguards afforded to the alleged victim in a court proceeding to involuntarily enforce a protective order. The issue of guardianship also is briefly explored, as well as the requirements for involuntary confinement in a mental health facility. A consideration of how an attorney might become involved in each case and the underlying assumptions precedes an analysis of the cases set forth earlier. The final section summarizes key points of the article.