Legal/ Ethical Issues Affecting Older Adults

Question 0

Define False imprisonment and give one example.

Answer 0

Unlawful confinement, such as a bedroom in a facility.

Question 1

Define negligence.

Answer 1

Performing an act that a reasonably prudent person under similar circumstances would not do, or conversely, failing to perform an act that a reasonable prudent person under similar circumstances would do.

Question 2

Define assault.

Answer 2

Threat of unpermitted touching.

Question 3

Define battery.

Answer 3

Intentional touching without consent.

Question 4

Define informed consent.

Answer 4

Obtained by person performing treatment/task; documented; voluntary.

Question 5

Define durable power of attorney (DPOA).

Answer 5

A legal document that enables an individual to designate another person, called the attorney-in-fact, to act on his/her behalf, even in the event that the individual becomes disabled or incapacitated. [Should be assigned before dementia.]

Question 6

Give two examples of advanced directives.

Answer 6

1. DPOA

2. Living will

Question 7

Define living will.

Answer 7

Provides instructions specifically to healthcare decisions, depends upon the state laws.

Question 8

Define DNR.

Answer 8

No attempt to resuscitate if heart or breathing stops. [Does not transfer from facility to facility.]

Question 9

Differentiate between a DNR and a full code.

Answer 9

DNR: no code (no CPR).
Slow code: some support.
Full code: CPR/life-sustaining support.

Question 10

Define POLST.

Answer 10

Physicians’ orders for life-sustaining treatment
A brightly colored documents standardized end of life care definitions. [Transfers between facilities.] includes CPR, interventions. Keep in obvious location. Discuss with older adult clients.

Question 11

Who is described as a vulnerable adult?

Answer 11

An adult who is at risk due to age or disability, and unable to protect him or herself. Includes people over 60, developmentally disabled, living in facility. At risk for mistreatment.

Question 12

What must a mandatory reporter report, and how is it done?

Answer 12

A mandatory reporter must report any suspected abuse or neglect.

1. Ensure safety of client!
2. Call 1-866-ENDHARM to be referred to adult protective services.

Question 13

What are the rights of older adults?

Answer 13

Individualized care, free from neglect and abuse, free from restraints, privacy, free from discrimination, control funds, freedom, be included in decision-making for transfers and discharge planning, consent for room changes, grievances, participate in facility and family activities, visit and freely associate, access to community services, (despite cognition) to vote, sue, enter into contracts with specialist lawyers, dispose of personal property, obtain a will, practice religion of choice, and marry.

Question 14

What are the seven types of elder mistreatment?

Answer 14

1. Physical Abuse
2. Sexual abuse
3. Emotional/psychological abuse
4. Caregiver neglect
5. Abandonment
6. Financial or material exploitation
7. Self-neglect

Question 15

Define physical abuse.

Answer 15

The use of physical force that may result in bodily injury, physical pain, or impairment.

Question 16

Define sexual abuse.

Answer 16

Nonconsensual sexual contact of any kind.

Question 17

Define emotional/psychological abuse.

Answer 17

Infliction of anguish, pain, or distress through verbal or nonverbal acts. [The most common type of elder mistreatment!]

Question 18

Define caregiver neglect.

Answer 18

Refusal or failure to fulfill obligations or duties.

[60 to 70% of reports]

Question 19

Define abandonment.

Answer 19

Desertion.

Question 20

Define financial or material exploitation.

Answer 20

Illegal or improper use of funds, property, or assets.

Question 21

Define self-neglect.

Answer 21

Behavior that threatens his/her own health or safety.

Question 22

Describe characteristics of victimsof elder mistreatment.

Answer 22

• Decreased ability to complete ADLs
• Cognitive deficits
• History of childhood trauma
• Depression and other disorders
• Social isolation
• History of substance abuse

Question 23

Describe the characteristics of elder abuse perpetrators.

Answer 23

• 80% of cases are family members
• Long history of conflict with victim
• Live with victim for extended time
• Caregiver strain (NANDA stem)
• History of mental illness, depression
• Social isolation