Guide with Questions and Answers | Verified
| A+
• Exceptions to abuse -✓✓i) Does NOT INCLUDE acts or teachings of a
church or religious denomination
• Definition of "Elderly person" -✓✓an individual who is sixty years of
age or over
• 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.
• Definition of "Guardian" of elderly -✓✓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) -✓✓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) -✓✓i) Person who is appointed to manage the
estate of a person
• Reports of elder abuse (timeline) -✓✓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 -✓✓The worker reports
to the executive director, then the executive director reports verbally and
in writing.
• When is the reporter liable -✓✓If the reporter was the perpetrator of
abuse or inflicted or caused abuse.
• Authorized activities of protective services agencies -✓✓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 -✓✓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 -✓✓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 -✓✓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 -✓✓public and nonprofit
private agencies closest to the protected person
• The department insures that the designated agency has to: -✓✓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 -✓✓medical
care, mental health care, and emergency financial assistance
• Protected person is given services when: -✓✓protected person
consents
• If protected person lacks the ability to consent: -✓✓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.