NCJ Number
169182
Date Published
1995
Length
174 pages
Annotation
This report presents the findings and recommendations of the American Bar Association's Commission on Legal Problems of the Elderly regarding current practices and recommended guidelines to enhance the ability of the courts to handle elder abuse cases.
Abstract
The Commission grounded its efforts in three premises: Not all incidents of elder abuse need to be or should be resolved in the courts, but some are so serious that they should be addressed by the judicial system; some incidents of elder abuse that should be considered by the courts are not being tried because of a variety of barriers; and cases that involve elder abuse that are considered by the judicial system could be handled more effectively in many instances. By recommending guidelines for judicial handling of elder abuse cases, the project intends to aid courts in providing appropriate judicial solutions that respect the values and wishes of elder abuse victims while protecting their welfare; easing access of appropriate cases to the court system; and enhancing coordination among the court system, State and local agencies, and the aging network. Recommendations pertain to the training of judges, other court personnel, and other relevant professionals; judicial administration and case management; case management where the older person's capacity is at issue; implementation of procedural innovations; intra-court coordination; and alternative dispute resolution. Recommendations regarding ensuring that cases of elder abuse enter the court system focus on training newly appointed guardians and assistance from victim/witness advocates and court staff. Six recommendations address the coordination of the State judicial system with other community resources. Appended supplementary information and a 28-item bibliography