NCJ Number
188756
Journal
Journal of Elder Abuse & Neglect Volume: 12 Issue: 3/4 Dated: 2000 Pages: 17-51
Date Published
2000
Length
35 pages
Annotation
This article examines variations in definitions, reporting requirements, investigative methods, temporary and permanent court interventions, and protective services provide under the adult protection service laws of all 50 States and the District of Columbia; further, it examines the current elder abuse literature and offers suggestions for legislation compatible with it.
Abstract
The bulk of the statutory information is from 1998, but many statutes that became effective in 1999 are included as well. Adult protection laws vary greatly in breadth and depth, creating a patchwork of rights for the protected adults and responsibilities for government agencies in dealing with elder abuse. As with most family-related law, States are responsible for creating their own laws and enforcing them, from defining what constitutes an actionable problem to the responses available for those problems. Federal laws such as the Older Americans Act can address specific parts of the problem, but statutes remain largely the individual efforts of each State. Research should address the potential efficacy of a uniform law, such as the Uniform Probate Code, which already deals with guardianship of incapacitated adults, power of attorney, and other related legal issues. Such a uniform legislation should be based on recommendations from a national task force composed of representatives from adult protective services, area agency on aging, law enforcement, and judicial communities who deal specifically with elder abuse and more generally with aging. Model legislation developed by that committee could then be available for each State to adopt, with individually tailored modifications. Standardizing legislation is feasible, given the interstate nature of American life and the availability of instantaneous communication between practitioners, courts, and administrators. Such uniform legislation is necessary to improve research, program development, and service delivery coordination within and between States. 102 notes, 24 references, and appended charts on reporting statutes