Abuse - ANSWER i) Any ACT or OMISSION which results in:
ii) Physical harm or emotional injury
iii) Financial exploitation
iv) Failure, inability, or resistance of an elderly person to provide necessities
essential for well-being
Exceptions to abuse - ANSWER i) Does NOT INCLUDE acts or teachings of a
church or religious denomination
Definition of "Elderly person" - ANSWER an individual who is sixty years of age or
over
Definition of "Emergency" for elder abuse - ANSWER A situation in which an elderly
person is living in conditions which present a substantial risk of death or immediate
and serious physical or mental harm.
Definition of "Guardian" of elderly - ANSWER a person who has qualified as a
guardian of an elderly person pursuant to chapter two hundred and one, but shall not
include a guardian ad litem
Financial Exploitation (Elderly) - ANSWER i) An act or omission by another person
which causes substantial monetary or property loss to an elderly person, or
substantial monetary or property gain to another person
(1) Intention doesn't matter
Conservator (elderly) - ANSWER i) Person who is appointed to manage the estate
of a person
Reports of elder abuse (timeline) - ANSWER 1) Immediately make a verbal report
2) Within 48 hours make a written report to dept of Elder Affairs
Who makes a report in a corporation or agency - ANSWER The worker reports to
the executive director, then the executive director reports verbally and in writing.
When is the reporter liable - ANSWER If the reporter was the perpetrator of abuse
or inflicted or caused abuse.
Authorized activities of protective services agencies - ANSWER 1) receive and
investigate reports
2) to furnish protective services WITH person's consent
3) to petition the court for appointment of a conservator or guardian or for issuance
of an emergency order
4) to furnish protective services in an emergency
5) to furnish protective services WITH the guardian's consent
6) to serve as conservator, guardian, or temporary guardian of a protected person
7) to perform all other functions determined to be necessary for the department
, Procedure to assess and evaluate the information reported - ANSWER 1) visit to
the residence
2) consultations with appropriate service agencies and individuals who have
knowledge of the situation of potential abuse
(3) If an emergency exists, assessment shall be completed within 48 HOURS
procedure of the department if abuse is founded - ANSWER 1) evaluate person's
functional capacity
2) evaluate person's situation and resources
3) create a service plan for protective services that uses the least restrictive
alternatives
Information to include when making a report - ANSWER Name, address, age, info
on abuse, anything else relevant to the case. Optionally, reporter can leave contact
info (name, address, phone).
Agencies used to provide protective services - ANSWER public and nonprofit
private agencies closest to the protected person
The department insures that the designated agency has to: - ANSWER 1)
demonstrate experience working with the profile of the protected person
2) there is continuity of care
3) have the capacity to respond to emergency calls 24 hours a day
additional services authorized to assist protected person - ANSWER medical care,
mental health care, and emergency financial assistance
Protected person is given services when: - ANSWER protected person consents
If protected person lacks the ability to consent: - ANSWER Department or agency
can petition the court
(a) Court hearing within 14 days regarding capacity to consent
(b) Guardian ad litem will be appointed
(c) If the court finds the elderly person lacks capacity to consent, they can appoint
guardian, conservator, or other person.
(d) Court order for protected services shall remain in effect for a period of SIX
MONTHS
(e) If an emergency exists, an elderly lacks capacity to consent, court can issue
emergency order of protection for 14 DAYS.
(f) Court shall not place elderly person in an institution or change their residence
unless it finds that no less restrictive alternative is available that will meet needs.
Immediate family members rights in an emergency related to potential elderly abuse
- ANSWER family members can petition the court for an emergency order for
protective services
Geriatric evaluation process: - ANSWER 1) name and address of the place of
residence
2) description of current treatment and services, if any
3) evaluation of person's current physical, mental, and social conditions
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