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Abuse of an elderly person ch 19a
Any ACT or OMISSION which results in:
i) Physical harm or emotional injury
ii) Financial exploitation
or NEGLECT impacting an elderly person's ability to safely remain in the
community
Exception to abuse of an elderly person
Accommodation or treatment that follows the tenets and teachings of a
church or religious denomination by a duly accredited practitioner thereof
Ch 19a
Definition of "Elderly person"
an individual who is 60 years of age or over
Ch 19a
Definition of "Emergency" for elder abuse
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.
Ch 19a
Definition of "Guardian" of elderly
a person who has qualified (to be appointed) as a guardian of an elderly
person pursuant to chapter 201, but shall not include a guardian ad litem
Types of guardianships include full/plenary guardianships, limited
,guardianships, and temporary guardianship.
Ch 19a
Financial Exploitation (Elderly)
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
Ch 19a
Exceptions to Financial Exploitation (Elderly)
Exception 1: If the elderly person knowingly consented to such act or
omission in the absence of misrepresentation, undue influence, coercion, or
threat of force by the other person.
Exception 2: If it was a bona fide gift.
Exception 3: If it was already unlawful under the Massachusetts Consumer
Protection Law
Ch 19a
Conservator (elderly)
Person who is appointed to manage the estate of a person
Types of conservatorships include full/plenary conservatorships, limited
conservatorships and protective orders, and temporary conservatorships.
Ch 19a sec 14 - 26
Department of elder affairs ; laws for protection of elderly people
Chapter 19C, sections 1-13
Disabled persons protection commission ; laws for Protection of disabled
persons
Ch 112, sec 12cc
Healthcare Provider inspection of records; Duty to provide records
Ch 112, sec 118-129
, Registration and licensing of psychologists laws
Board of registration of psychologists, department of professional licensure
Ch 112, sec 129a
Confidential communications
Ch 112, sec 129b
Contractual restrictions on rights to practice
AKA non competes are illegal in MA
Ch 112, sec 65a
Penalties for unlicensed practice of trade
First violation :$1000
Second violation: $2500
Ch 119 secs 1-84
Protection of children and proceedings against them
Dept of children and families — laws related to child protection
Dept of Youth Services — laws related to children in need of services,
delinquent children etc
Ch 119 51a
Child protection law for mandated reporting of abuse
Ch 123, sec 1-36b
Mental health laws ; commitment, admissions, treatment, anti-psychotic
medication, restraint, duty to warn, etc.
Department of mental health
Ch 123a secs 1-16
Mental health laws: Care and treatment of sexually dangerous persons
Department of mental health
Chapter 190B