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Family related Law - Article Example

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As elders become physically weak, they become more prone to bullying and physical attack. Physical health deterioration like poor sight or hearing abilities,…
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Family related Law
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Caring for the Elderly Introduction Many elderly people are abused in their homes, homes of relatives, and even in s responsible for elderly care. As elders become physically weak, they become more prone to bullying and physical attack. Physical health deterioration like poor sight or hearing abilities, leave room for unscrupulous individuals to take advantage of the elderly in the society. Mental and physical ailments also make the elders more trying companions to the individuals living with them.

Many elders worldwide are abused and harmed substantially by some individuals who are immediately responsible for their well being and care. In the USA approximately half a million cases of elderly abuse are reported to authorities annually. However, millions of cases remain unreported (Agrawal, 2010). Types of Elder AbuseAbuse of elders entails different forms. Certain abuse cases involve threats and intimidation of the elderly, while in some instances the elders are neglected by those responsible for their care.

Also, certain abuse forms relate to financial chicanery. Physical abuse of elders entails non accidental application of force on an elderly person, which results in physical impairment, pain or injury. The physical abuse includes physical assault, confinement, restraint, and drug abuse. Sexual abuse also affects elders. The sex acts does not involve the elder’s consent; and includes physical sex acts, showing elderly individual pornography materials or acts, and forcing an elderly person to undress.

Neglect by caregivers is another elders ‘abuse type; failure by the caregivers to perform obligations comprises majority of elder abuse cases. It can either be non intentional or intentional due to factors like denial or even ignorance on the caregivers’ side. Many elders also experience financial exploitation and fraud. This includes using the funds or property of the elders without permission or consent. This financial exploitation can be done by the caregivers or a scam artist. Unscrupulous caregivers may misuse the credit cards of the elder.

Scan rackets targeting elders may engage in investment frauds. Healthcare abuse also affects the elders. This is conducted by unethical health practitioners. For example charging the elders for health services not delivered. The elders also undergo emotional abuse. This involves individuals handling the elderly in ways that results in physical distress; for example intimidating the elders through humiliation or ridicule (Partain, 2012). Question 1 - Financial Trends in Elder AbuseFinancial exploitation is increasingly becoming a major form of elder abuse.

Financial exploitation of the elders is normally conducted by trusted parties like caretakers, neighbors, attorneys, medical practitioners, pastors, bank employees, friends, attorneys and family members. Financial exploitation occurs in different ways. Financial exploitation done by strangers involves; lottery scams, charity scams, home maintenance scams, utility scams, telemarketing scams, and money transfer scams. Some professional also engage in financial exploitation of elders in different ways.

For example predatory lending, identity theft, improper annuity sales, annuity scams, internet phishing and pyramid schemes. Family members and friends also exploit elders in different manners. For example taking advantage of joint accounts with the elders, improper use of the powers of the attorney, and charging for in-home care. The most effective method of minimizing or preventing financial abuse of the elders is using a responsible and accountable person or agency to manage the funds of the elder(s), for example a state trustee.

Signs of Elder AbuseMany symptoms of elderly abuse resemble symptoms or signs of mental deterioration. For the physical abuse case, the abuse signs may involve unexplained injuries like bruises, and even drug overdose reports. Sign for emotional abuse can entail witnessed controlling behavior by the caregiver. Sexual abuse signs can include unexplained sexually transmitted diseases or unexplained vaginal bleeding. Neglect symptoms may include unsafe living conditions like poor electrical wiring.

Signs of financial exploitation may be suspicious changes in the wills or powers of the attorney. Health abuse can include overmedication and under medication evidence (Agrawal, 2010). Question 2 - Challenges of Elder AbuseThe caregivers usually experience some difficulties in the course of care provision to the elderly. The care givers usually experience sadness and grief. Observing a loved one suffering is always traumatic. The elderly face deterioration in health which may lead to suffering.

Some caregivers may experience anger, because taking care of a loved one who is ill can at time be frustrating. Deteriorating health may make some elders to lash out at caregivers due to their own fear of dependency. Care giving has several benefits to the parties involved. To begin with, care giving improves communication between the elders and the caregivers. This communication enables the caregivers to better understand the needs of the elders. Secondly, proper care giving enables the elders to have adequate sense of belonging in the society.

This is because the elders feel valued as members of the community. Thirdly, effective care giving creates trust between the elders and the caregivers. Elders depend on other people like trustees and attorneys to guard their resources. Elders’ trust on efficient management of resources is earned through accountability of the caregivers. The care giving exercise is guided by several legislations, depending on the state. For example in Arkansas an extra tax of $5 is added to cigarettes, to finance the Medicaid for the ElderChoices services.

In Connecticut, primary caregivers responsible for a homebound person are allowed to request for absentee ballot during voting exercise. In Hawaii, finances for respite care for elders are catered for by the state. Preventing Elder AbusePrevention of elder abuse entails three main processes: listening, intervening, and educating. Listening to the elders and the caregivers is an important step in prevention of elder abuse. Authorities must also intervene when there is suspicion of elder abuse practices.

Members of the society, through the Mass Medias, must be educated effectively on recognizing symptoms of elder abuse and then reporting the cases to appropriate authorities (Partain, 2012). Question 3 - Costs of Care Giving for the ElderlyFamily support to the elderly is very important in the society. However, it requires adequate financial investments. In 2009, approximately 42.1 million caregivers provided elderly support in the USA. The approximated financial costs of their unpaid services were estimated at $450 billion.

These loses in revenue by the caregivers reduces the future financial security of the caregivers (www.elderlawanswers.com).Interview on 2009 Elder Justice ActThe findings of the interviewed illustrated that the Elder Justice Act should be further strengthened through additional elders protection measures. One method of protecting elders from abuse involves; increasing grants money which will be used for training caregivers. Well trained caregivers have the necessary competencies needed for properly handling the elders; for example giving extra training on counseling to the caregivers.

This will enable them to effectively give psycho-social support to the elders under their care. ConclusionCaregivers should be instrumental in preventing elder abuse cases. This can be properly achieved when the caregivers participate in support groups, which aims at offering the best care giving services to the elderly. ReferencesAgrawal, K. (2010). Family Law in America. Great Britain: Wolters Kluwer.Partain, R. (2012). "Comparative Family Law and the Missing Definitions of Family.” HongIk University Journal of Law, Vol. 13, No. 2.www.elderlawanswers.com

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