Legal Aspects of Aging

Question 1

What assessment elements are required to determine capacity?

Answer 1

• Does the patient have an impairment or disturbance of the mind?
• Does this impairment mean they are unable to make a particular decision?
  
  • Can the patient understand the information relevant to the decision including the nature and why it is needed?
  • Can the patient retain the information long enough to make an effective decision?
  • Can the patient use or weigh up information as part of the process of making the decision?
  • Can the patient communicate their decision?

Question 2

What are the risk factors associated with elder abuse?

Answer 2

• Elder person: cognitive impairment, behavioural problems, psych problems, functional dependency, poor physical health/frailty, low SES, trauma, past abuse
• Perpetrator: caregiver burden or stress, psych problems
• Relationships: family disharmony, poor/conflicting relationships
• Environment: low social support, living with others