ELDER ABUSE
June – Elder Abuse Awareness Month Dean Lagrotteria Berkshire Elder Protecti v e Services Program Director LifePath
We recognize Elder Abuse Awareness Month in June and World Elder Abuse Awareness day on June 15. World Elder Abuse Awareness is an effort to unite communities around the world in raising awareness of elder abuse. It is not only a time to reflect upon the abuse and exploitation of older adults, but also a time to think about what we mean by elder rights. Elder Protective Services has a mandate to provide protection but we are also obligated to respect an individual’s rights and wishes. Adults have the right to make their own decisions and choices, whether they are 23 or 83. Sometimes those choices carry risks--whether that be a fall when mountain climbing or walking without a cane. Self-determination refers to
respecting the right to make choices and manage our lives. Often this concept is seen through our own lens of “right and wrong.” However, in order to respect the right to selfdetermination we must look at this concept through the values, history and wishes of the individual. Berkshire Elder Protective Services at Lifepath, which mana g es the Elder Protective Services program for the Berkshires is grounded in the concept of self-determination Protective Services become involved when there is concern about health and safety. When this happens, the older adult may worry that they will be forced to do something they do not want or that they will be placed in a facility. Sometimes the older adult is afraid to share because they are worried they will get a family member in trouble. The goal of Protective Services is to provide support and protection with the cooperation and
consent of the older adult. The older adult is in charge of what services and support they receive. To show our commitment to this concept, LifePath developed a Senior Rights flier, I will include the contents of it here:
The Rights of Older Adults Adults over 60 retain all their civil and constitutional rights unless some of these rights have been restricted by court action. • Adults have the right to be safe. They have a right to live free from abuse, exploitation and neglect. • Adults of any age who can understand the consequences of their actions have the right to make decisions. Adults are presumed to have competent decisionmaking capacity unless, after a complete psychiatric evaluation, a court adjudicates otherwise. Adults have the right to an
attorney to represent them at any hearing which could result in the appointment of a guardian or conservator. Guardianship is a legal process for adults who have a clinically diagnosed medical condition and are unable to make or communicate effective decisions about their everyday self-care, health, and safety. The Massachusetts court can appoint a guardian to make some or all personal decisions on the adult’s behalf. A guardianship protects the adult’s rights and independence and can be limited to areas where the adult’s ability is impaired. If a judge determines that a guardian or limited guardian must be assigned, they are required to act on the adult’s behalf and in the adult’s best interests. Only a judge can implement
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