10 Jun 2022

343

Court’s Role in Elderly Abuse Prevention

Format: APA

Academic level: College

Paper type: Assignment

Words: 418

Pages: 1

Downloads: 0

Every day brings new reports of elder neglect, abuse, financial exploitation from across the U.S. The elderly are being isolated and denied the care they need. Thus, they are suffering from financial, physical or even sexual abuse (Mihaljcic & Lowndes, 2013) . As a result of the elderly abuse, the court has taken measures to prevent the abuse. 

The first prevention effort used by the court was enacted in 1965 to give the elderly support and services which would assist them to stay healthy and safe in their homes and society for longer than they would otherwise be able. This resulted in the creation of the Older Americans Act (OAA) (Lundy & Grossman, 2004) . Through this effort, the homebound elderly were supplied with a hot meal brought to their doorsteps. It also required the Administration on Aging (AOA) to direct formula grants to agencies of the state on aging for awareness and prevention activities on elder abuse in addition to providing leadership and disseminating information, collecting data, and underpinning research in the justice arena of the elderly (Stein & Merriman-Nai, 2014)

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The second prevention act was in 1993 where the State Justice Institute financed ABA (American Bar Association) to perform groundbreaking research and produce recommendations to improve the capacity of the state courts to manage cases of elderly abuse (Groh & Linden, 2011) . Some of the problems identified were lack of sensitivity and knowledge regarding elderly abuse, failure of the court to identify that older people who are bedbound or homebound could be incapable of traveling to the courthouse although they are able of testifying, among other problems. Through the effort, 29 recommendations were promulgated for state courts which were later adopted in August 1996 as policy (Stein & Merriman-Nai, 2014)

One of the challenges faced by the court is the failure of the court’s staff to explain the judicial process to elderly abused people, especially the ones who have a cognitive or mental disability or who may be confused or intimidated (Stein & Merriman-Nai, 2014) . This challenge creates a barrier to the legal remedy pursuit by the victim as well as the court's effort to pass justice. 

Some of the statutory requirements or policy recommendations require that court staff and judges need training and practical tools like bench cards on a range of matters associated with elderly abuse. Courts ought to learn and regard implementing various methods of handling cases of elder abuse to requirements of older litigants who mostly have considerable difficulty navigating and accessing the court system (Mihaljcic & Lowndes, 2013)

References 

Groh, A., & Linden, R. (2011). Addressing Elder Abuse: The Waterloo Restorative Justice Approach to Elder Abuse Project.  Journal Of Elder Abuse & Neglect 23 (2), 127-146. doi: 10.1080/08946566.2011.558780 

Lundy, M., & Grossman, S. (2004). Elder Abuse: Spouse/Intimate Partner Abuse and Family Violence Among Elders.  Journal Of Elder Abuse & Neglect 16 (1), 85-102. doi: 10.1300/j084v16n01_05 

Mihaljcic, T., & Lowndes, G. (2013). Individual and Community Attitudes Toward Financial Elder Abuse.  Journal Of Elder Abuse & Neglect 25 (2), 183-203. doi: 10.1080/08946566.2012.712867 

Stein, K., & Merriman-Nai, S. (2014). Letter From the Editors: Recognizing World Elder Abuse Awareness Day 2014.  Journal Of Elder Abuse & Neglect 26 (3), 205-206. doi: 10.1080/08946566.2014.898446 

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