Elder abuse, neglect, and exploitation are heartbreaking realities for many seniors. When concerns arise about an elder’s safety or well-being, protective services may step in to investigate and potentially intervene. But a common question arises: can an elder refuse help from these services?
What Are the Rights of Elders Regarding Protective Services?
Elders, like all adults, possess fundamental rights, including autonomy and self-determination. This means they generally have the right to make decisions about their own lives, even if those decisions seem unwise to others. However, there are crucial exceptions when it comes to protective services.
When Can Protective Services Override an Elder’s Wishes?
Protective services are primarily concerned with ensuring the safety and well-being of vulnerable individuals. If an elder is deemed to be in imminent danger of harm – whether from abuse, neglect, or self-neglect – their wishes may be overridden for their protection. This could involve removing them from a dangerous situation, providing medical care, or appointing a guardian to make decisions on their behalf.
What Is the Role of Capacity in Decision-Making?
An elder’s capacity to understand and make informed decisions is crucial. If an individual lacks the mental capacity to comprehend the risks they face or the potential consequences of refusing help, protective services may intervene even if they verbally object.
How Does a Capacity Assessment Work?
A capacity assessment is typically conducted by a qualified professional, such as a physician, psychologist, or social worker. This evaluation considers factors like an individual’s cognitive abilities, understanding of their situation, and ability to weigh options and make rational choices.
What Happened When My Client Refused Help?
I vividly recall a case involving a widowed woman living alone who was fiercely independent despite signs of memory impairment. She refused any assistance from protective services, insisting she could manage on her own. However, concerned neighbors reported finding her disoriented and struggling with basic tasks.
How Did We Address the Situation?
We worked closely with Adult Protective Services (APS) to conduct a capacity evaluation. The assessment revealed that my client was indeed experiencing cognitive decline affecting her ability to make safe decisions. While she initially resisted, APS ultimately obtained a court order allowing them to intervene and provide necessary support.
What Are the Potential Consequences of Refusing Help?
Refusing help from protective services can have serious consequences for an elder’s well-being. Neglecting medical needs, falling victim to financial exploitation, or experiencing abuse are just some potential risks. In extreme cases, continued refusal could lead to court intervention and involuntary placement in a care facility.
How Can Elders and Their Families Navigate This Complex Issue?
Open communication is paramount. Encourage elders to express their concerns and preferences while providing them with accurate information about available resources. If you suspect an elder is being abused, neglected, or exploited, contact your local Adult Protective Services agency immediately.
What Resources Are Available for Elders and Their Families?
Numerous organizations offer support and guidance on elder abuse prevention and intervention. The National Center on Elder Abuse (NCEA) provides valuable resources, including information on reporting suspected abuse and accessing local services.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
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Point Loma Estate Planning Law, APC. area of focus about elder protection law:
An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.
What They Do:
Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.
Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.
Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.
Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.
Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.
Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.
Why you might need one:
● Suspect elder abuse or neglect.
● Need help with estate planning or probate.
● Facing guardianship or conservatorship proceedings.
● Dealing with long-term care issues or Medicaid eligibility.
● Need assistance with other legal problems affecting older adults.
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