logging in or signing up Elder Abuse Presentation lawwebmaster Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 29 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: December 19, 2011 This Presentation is Public Favorites: 0 Presentation Description This presentation accompanies a student's article written for an elder law class at Regent University School of Law. The professor posted the paper & presentation on her Family Restoration blog. Read more at http://regentfamilyrestoration.blogspot.com/2011/12/protecting-elders-from-abuse-through_19.html. Learn more about Regent University School of Law at http://law.regent.edu. Comments Posting comment... Premium member Presentation Transcript PowerPoint Presentation: I Timothy 5:8 - But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel.Elder Abuse: America’s Hidden Tragedy: Elder Abuse: America’s Hidden TragedyAre there adequate legal and social resources available to prevent and fight elder abuse?: Are there adequate legal and social resources available to prevent and fight elder abuse?What is Elder Abuse?: What is Elder Abuse? Older Americans Act: “The willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or deprivation by a person, including a caregiver , of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness.” Physical abuse includes physical battery, deliberate exposure to severe weather, inappropriate use of medication, unnecessary physical restraint, and sexual abuse.Risk Factors: Risk Factors History of domestic violence Living with adult children who are dependent on the elder Living with someone else in a socially isolated environment Caregiver stress Elder-dementiaSigns and Symptoms: Signs and Symptoms Unexplained bruises and cuts Broken bones Open wounds and untreated injuries Sudden change in behavior Caregiver refusal to allow people to visit the elder alone Torn or stained clothingNoninstitutional Abuse: Noninstitutional Abuse Occurs in the home Most common type: self-neglect, followed by caregiver neglect Most victims of abuse are white womenInstitutional Abuse: Institutional AbuseNursing Home Aide Registries: Nursing Home Aide Registries Presence on the registry prohibits work in a nursing home for life. Each state has a separate registry. Nursing homes fail to report findings of abuse to state authorities. Delays of up to seven months in adding new names to the registries. Aides are often hired before background checks are completed. No registries for uncertified personnel, like maintenance and housekeeping staff.The Effect of Elder Abuse : The Effect of Elder Abuse http://www.youtube.com/watch?v=4YEuivTYI64Missouri v. Kaiser: Missouri v. Kaiser :A woman with ants crawling out of her eyes, mouth, and vagina A woman with clothing saturated with urine for hours A woman with three crushed vertebra and broken ribs A woman’s bedsores untreated “because it had been a bad day” A woman who died of pneumonia after going without food or drink for five daysMack v. Soung: Mack v. Soung Girtha Mack was left in a bedpan for 13 hours, developing an untreatable Stage III bedsore. Her doctor opposed her admission to a hospital after learning that the Department of Health Services was investigating. Girtha’s children could not admit her into the hospital without the doctor’s consent. Girtha eventually died from her injuries. Dr. Soung was found guilty of neglect.Wood v. State: Wood v. State A woman’s daughter and the daughter’s boyfriend removed Mrs. Wood from the nursing home so they could collect her Social Security checks. When authorities investigated the home, Mrs. Wood had maggots in her bed and suffered multiple cockroach bites. Eventually died of “severe chronic neglect.”Louisiana v. Scott: Louisiana v. Scott Johnnie Scott refused to leave her couch. Paramedics were called when her condition worsened, but could not forcibly take her to the hospital. Thirty-five days later, paramedics were called again and convinced Ms. Scott to go to the hospital. Ms. Scott suffered from severe bedsores and other maladies. Ms. Scott’s daughter was found guilty of cruelty to the infirm. “Respecting your elders” does not mean you can fail to act in their best interests!What Remedies Are Available?: What Remedies Are Available? http://www.youtube.com/watch?v=GOib15kAulELegal Remedies: Legal Remedies Criminal Charges Civil Suits Restraining Orders GuardianshipsCriminal Charges: Criminal Charges Often provides no restitution to the victim The victim is not a party, but a witness Victims often cannot testify or their reliability is questionedCivil Suits: Civil Suits The victim is a party and can sue on a variety of causes of action Victim’s mental capabilities can still be called into question California Elder Abuse and Dependent Adult Protection Act – allows for heightened remedies and permits personal representatives to recover damages for pain and suffering. Allows probate courts to have concurrent jurisdiction over civil actions – important because probate courts have unique discovery tools available to them.Restraining Orders: Restraining Orders Designed to prevent the abuser from threatening, molesting, injuring, or contacting the victim. Often not geared toward preventing psychological abuse, although some states, like Colorado, allow for a restraining order on this basis. Offer relief from abuse without the expense and stress of trial.Guardianship: Guardianship Someone is appointed to act on the behalf of the elderly person. Is a last resort because it results in the loss of rights.Legal Resources: Legal ResourcesState Long-Term Care Ombudsman Program: State Long-Term Care Ombudsman Program Established under the Older Americans Act Identify, investigate and resolve complaints from nursing home residents and loved ones of nursing home residents. Represent the rights of nursing home residents before government agencies. Ombudsmen act as advocates for nursing home residents – serve as liaisons between residents, the nursing home, and outside agencies responsible for handling elder abuse claims.Adult Protective Services: Adult Protective Services Established under the 1975 Social Security Act Investigates reports of abuse in all environments. Suffers from a lack of funding, despite the fact that it is a federally mandated program.Nursing Home Residents' Bill of Rights: Nursing Home Residents' Bill of Rights Established by the Nursing Home Reform Act of 1987 Must be on display in all nursing homes, but residents are often incapable of understanding their rights.Social Resources: Social ResourcesState Oversight Agencies: State Oversight Agencies Survey agencies inspect nursing homes to make sure they are complying with Medicare and Medicaid requirements Nursing homes must report claims of abuse to state survey agencies within 24 hours. Centers for Medicare and Medicaid Services – oversee state facility inspections Provide avenues for those who wish to report elder abuseElder Abuse Hotlines: Elder Abuse Hotlines Most states have one Give people advice on how to handle abuse and how to report it Virginia’s elder abuse hotline number: 1-888-83-ADULTNational Center on Elder Abuse: National Center on Elder Abuse Part of the United States Administration on Aging A resource center dedicated to preventing elder abuse Disseminates information about elder abuse to the public and provides training to facility staff.What Changes Are Needed?: What Changes Are Needed?What to Do if You Suspect Elder Abuse: What to Do if You Suspect Elder Abuse In an emergency, CALL 911! Do NOT rely on nursing home staff or caregivers. In a non-emergency situation, contact your ombudsman or APS Notify nursing home staff and administration of the suspected abuse.My Suggestions: My Suggestions Educate the public about how to recognize elder abuse through public service announcements, seminars, and other events. Have an open line of communication with elderly friends and family members – helps maintain family unity. If you do not live in the area, have contact with someone in the area who can check on you family member for you.More suggestions…: More suggestions … Educate senior citizens about elder abuse before they enter the nursing home or come into contact with caregivers. Alert elderly people to the existence of APS and the Long-Term Care Ombudsman Program before they become incapacitated.PowerPoint Presentation: Nursing home aide registries should be available on a national rather than a statewide basis. Create registries for all employees of nursing facilities. More rigid reporting requirements, with harsher penalties for failure to report abuse All caregivers should be required to undergo extensive trainingMore Suggestions?: More Suggestions? You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Elder Abuse Presentation lawwebmaster Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 29 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: December 19, 2011 This Presentation is Public Favorites: 0 Presentation Description This presentation accompanies a student's article written for an elder law class at Regent University School of Law. The professor posted the paper & presentation on her Family Restoration blog. Read more at http://regentfamilyrestoration.blogspot.com/2011/12/protecting-elders-from-abuse-through_19.html. Learn more about Regent University School of Law at http://law.regent.edu. Comments Posting comment... Premium member Presentation Transcript PowerPoint Presentation: I Timothy 5:8 - But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel.Elder Abuse: America’s Hidden Tragedy: Elder Abuse: America’s Hidden TragedyAre there adequate legal and social resources available to prevent and fight elder abuse?: Are there adequate legal and social resources available to prevent and fight elder abuse?What is Elder Abuse?: What is Elder Abuse? Older Americans Act: “The willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or deprivation by a person, including a caregiver , of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness.” Physical abuse includes physical battery, deliberate exposure to severe weather, inappropriate use of medication, unnecessary physical restraint, and sexual abuse.Risk Factors: Risk Factors History of domestic violence Living with adult children who are dependent on the elder Living with someone else in a socially isolated environment Caregiver stress Elder-dementiaSigns and Symptoms: Signs and Symptoms Unexplained bruises and cuts Broken bones Open wounds and untreated injuries Sudden change in behavior Caregiver refusal to allow people to visit the elder alone Torn or stained clothingNoninstitutional Abuse: Noninstitutional Abuse Occurs in the home Most common type: self-neglect, followed by caregiver neglect Most victims of abuse are white womenInstitutional Abuse: Institutional AbuseNursing Home Aide Registries: Nursing Home Aide Registries Presence on the registry prohibits work in a nursing home for life. Each state has a separate registry. Nursing homes fail to report findings of abuse to state authorities. Delays of up to seven months in adding new names to the registries. Aides are often hired before background checks are completed. No registries for uncertified personnel, like maintenance and housekeeping staff.The Effect of Elder Abuse : The Effect of Elder Abuse http://www.youtube.com/watch?v=4YEuivTYI64Missouri v. Kaiser: Missouri v. Kaiser :A woman with ants crawling out of her eyes, mouth, and vagina A woman with clothing saturated with urine for hours A woman with three crushed vertebra and broken ribs A woman’s bedsores untreated “because it had been a bad day” A woman who died of pneumonia after going without food or drink for five daysMack v. Soung: Mack v. Soung Girtha Mack was left in a bedpan for 13 hours, developing an untreatable Stage III bedsore. Her doctor opposed her admission to a hospital after learning that the Department of Health Services was investigating. Girtha’s children could not admit her into the hospital without the doctor’s consent. Girtha eventually died from her injuries. Dr. Soung was found guilty of neglect.Wood v. State: Wood v. State A woman’s daughter and the daughter’s boyfriend removed Mrs. Wood from the nursing home so they could collect her Social Security checks. When authorities investigated the home, Mrs. Wood had maggots in her bed and suffered multiple cockroach bites. Eventually died of “severe chronic neglect.”Louisiana v. Scott: Louisiana v. Scott Johnnie Scott refused to leave her couch. Paramedics were called when her condition worsened, but could not forcibly take her to the hospital. Thirty-five days later, paramedics were called again and convinced Ms. Scott to go to the hospital. Ms. Scott suffered from severe bedsores and other maladies. Ms. Scott’s daughter was found guilty of cruelty to the infirm. “Respecting your elders” does not mean you can fail to act in their best interests!What Remedies Are Available?: What Remedies Are Available? http://www.youtube.com/watch?v=GOib15kAulELegal Remedies: Legal Remedies Criminal Charges Civil Suits Restraining Orders GuardianshipsCriminal Charges: Criminal Charges Often provides no restitution to the victim The victim is not a party, but a witness Victims often cannot testify or their reliability is questionedCivil Suits: Civil Suits The victim is a party and can sue on a variety of causes of action Victim’s mental capabilities can still be called into question California Elder Abuse and Dependent Adult Protection Act – allows for heightened remedies and permits personal representatives to recover damages for pain and suffering. Allows probate courts to have concurrent jurisdiction over civil actions – important because probate courts have unique discovery tools available to them.Restraining Orders: Restraining Orders Designed to prevent the abuser from threatening, molesting, injuring, or contacting the victim. Often not geared toward preventing psychological abuse, although some states, like Colorado, allow for a restraining order on this basis. Offer relief from abuse without the expense and stress of trial.Guardianship: Guardianship Someone is appointed to act on the behalf of the elderly person. Is a last resort because it results in the loss of rights.Legal Resources: Legal ResourcesState Long-Term Care Ombudsman Program: State Long-Term Care Ombudsman Program Established under the Older Americans Act Identify, investigate and resolve complaints from nursing home residents and loved ones of nursing home residents. Represent the rights of nursing home residents before government agencies. Ombudsmen act as advocates for nursing home residents – serve as liaisons between residents, the nursing home, and outside agencies responsible for handling elder abuse claims.Adult Protective Services: Adult Protective Services Established under the 1975 Social Security Act Investigates reports of abuse in all environments. Suffers from a lack of funding, despite the fact that it is a federally mandated program.Nursing Home Residents' Bill of Rights: Nursing Home Residents' Bill of Rights Established by the Nursing Home Reform Act of 1987 Must be on display in all nursing homes, but residents are often incapable of understanding their rights.Social Resources: Social ResourcesState Oversight Agencies: State Oversight Agencies Survey agencies inspect nursing homes to make sure they are complying with Medicare and Medicaid requirements Nursing homes must report claims of abuse to state survey agencies within 24 hours. Centers for Medicare and Medicaid Services – oversee state facility inspections Provide avenues for those who wish to report elder abuseElder Abuse Hotlines: Elder Abuse Hotlines Most states have one Give people advice on how to handle abuse and how to report it Virginia’s elder abuse hotline number: 1-888-83-ADULTNational Center on Elder Abuse: National Center on Elder Abuse Part of the United States Administration on Aging A resource center dedicated to preventing elder abuse Disseminates information about elder abuse to the public and provides training to facility staff.What Changes Are Needed?: What Changes Are Needed?What to Do if You Suspect Elder Abuse: What to Do if You Suspect Elder Abuse In an emergency, CALL 911! Do NOT rely on nursing home staff or caregivers. In a non-emergency situation, contact your ombudsman or APS Notify nursing home staff and administration of the suspected abuse.My Suggestions: My Suggestions Educate the public about how to recognize elder abuse through public service announcements, seminars, and other events. Have an open line of communication with elderly friends and family members – helps maintain family unity. If you do not live in the area, have contact with someone in the area who can check on you family member for you.More suggestions…: More suggestions … Educate senior citizens about elder abuse before they enter the nursing home or come into contact with caregivers. Alert elderly people to the existence of APS and the Long-Term Care Ombudsman Program before they become incapacitated.PowerPoint Presentation: Nursing home aide registries should be available on a national rather than a statewide basis. Create registries for all employees of nursing facilities. More rigid reporting requirements, with harsher penalties for failure to report abuse All caregivers should be required to undergo extensive trainingMore Suggestions?: More Suggestions?