Im in a rut! I was wondering if ne one out here can help me find laws or policies on elder abuse (not programs)....I dont know of ANY current policies pertaining to this issue and I need to find some quick.... and I have been on legistion web sites etc. But no luck.... Please answer seriously and thank you in advance sorry didnt mention that Im in michigan, but it doesnt have to stay local if there are national laws that will be fine too Elder Law -
is a legal term coined to cover an area of legal practice that places an emphasis on those issues that affect the growing aging population. There are three major categories, they are:
1. Estate planning and administration, including tax questions
~ Estate planning is the process of accumulating and disposing of an estate to maximize the goals of the estate owner. The various goals of estate planning include making sure the greatest amount of the estate passes to the estate owner's intended beneficiaries, often including paying the least amount of taxes and avoiding or minimizing probate court involvement. Additional goals typically include providing for and designating guardians for minor children and planning for incapacity.
2. Medicaid, disability and other long-term care issues.
~ Medicaid is the US health insurance program for individuals and families with low incomes and resources. It is jointly funded by the states and federal government, and is managed by the states. Among the groups of people served by Medicaid are eligible low-income parents, children, seniors, and people with disabilities. Medicaid is the largest source of funding for medical and health-related services for people with limited income.
~ Disability refers to the social effects of physical, emotional or mental impairment. This definition, known as the 'social model' of disability, makes a clear distinction between the impairment itself (such as a medical condition that makes a person unable to walk or unable to sit) and the disabling effects of society in relation to that impairment. As Frank Bowe put it in Handicapping America (1978), the real issue is the societal response to disability: if a community allows physical, architectural, transportation, and other barriers to remain in place, society is creating handicaps that oppress individuals with disabilities. If, on the other hand, a community removes those barriers, persons with disabilities can function at much higher levels. In simple terms, it is not the inability to walk or inability to sit that prevents a person entering a building unaided but the existence of stairs or the lack of benches to lie down, that are inaccessible to a wheelchair-user or a person with sitting disability. In other words, 'disability' is socially constructed. The 'social model' is often contrasted with the 'medical model' which sees 'disability' as synonymous with 'impairment.
3. Guardianship, conservatorship and commitment matters, including fiduciary administration.
~ legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of their death.
If you want more in-depth description, meanings, and laws. I can direct you to the following sites for your concerns. If I was to do a full detailed description of Elder Law, it would be quite lengthy for this site.
ElderLawAnswers
Older Americans Act
http://www.seniorlaw.com/resource.htm
http://www.agingcarefl.org/aging/legal
http://www.elderweb.com
These are just a few. As you are viewing, each site will give you more web sites to view. Each state (or country) has its own laws on the topic.
Start with a general website, like Wikipedia -- that will have links to more specific summary sites, which in turn will link to the specific laws at issue. What State are u referring to? They vary state to state!!! You probably aren't going to find any specific statutes about "elder abuse" so to speak.
Most of the crimes involving elder abuse fall under other areas like your standard domestic violence laws. |
