Key Issues
- Evidence of possible elder abuse
- Capacity, consent & undue influence
- Mandatory Reporting (reporters obligation)
Assessment Resources and Coordination
Standards/Model Programs
Assessment Resources
Older persons involved in elder abuse cases may have physical, emotional or cognitive impairments or other issues that could have implications for the court’s actions and outcomes for the person. For example, the person may have cognitive impairments that diminish his or her capacity to provide testimonial evidence. The person might have health problems that interfere with his or her ability to function independently or take adequate safety precautions. The court can call upon the expertise of professionals to assist the court in taking actions that are most appropriate for a particular individual.
A number of tools have been developed for assessing older adults, including the following:
- Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers
- Judicial Determination of Capacity of Older Adults in Guardianship Proceedings
- National Center on Elder Abuse Risk Assessment Instruments.
Identifying and Responding to Elder Abuse, Neglect, and Exploitation: A Benchcard for Judges suggests that judges consider using the following resources in particular areas of assessment:
Use expert witnesses, professional evaluators, court investigators, or trained interdisciplinary teams to assess the older person’s capacity. To identify assessment resources, assign court staff to collaborate with local agencies (including APS and the Ombudsman Program), organizations, and individuals to develop a community resource guide for elders. Resources may include:
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Public health physicians and psychologists (medical and mental health assessments)
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Adult protective services (see state laws on eligibility for APS screening and services)
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Occupational therapists (functional capacity evaluation)
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Fire department or code enforcement agency (home safety inspection)
Additional Online Resources
Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse



