Elder Abuse

Berkshire Senior , June-July 2021 Elder Services’

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June – Elder Abuse Awareness Month

Dean Lagrotteria

Berkshire Elder Protective 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 manages 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 fl ier, 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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an order to remove an adult’s right to make their own choices.

• Competent adults can choose the environment that

they want to live in (cluttered, with an abuser, with someone who is exploiting, risky for falls, etc.).

• Competent adults have the right to make decisions that do not conform to societal

norms. They cannot be forced to change because someone disagrees with their lifestyle, as long as they don’t threaten to harm themselves or others.

• Adults have the right to request, accept, or refuse

services. There are services that adults can request without judgment. Asking for help does not imply any commitment to accepting services.

• Just because an adult has a power of attorney or health care proxy doesn’t mean they lose their right to make fi nancial and health care decisions.

Adults have a right to appoint a health care proxy or power of attorney whom they trust. Adults have a right to revoke a health care proxy or power of attorney at any time.

• Adults have a right to Accept or Refuse Protective Services.

Mandated reporters have to report if they suspect any sort of abuse or neglect. A report doesn’t necessarily mean there will be any action taken. Protective Services is mandated to do an assessment of an adult’s situation. However, an adult can refuse to participate in that assessment at any point in the process. An adult can also accept or refuse any proposed action or intervention to help with their situation.

• Adults have a right to disagree with their doctors.

Adults have the right to

leave a skilled nursing facility or hospital against

medical advice. There may

be consequences to such an action; however, adults may leave at any time. If a doctor requests the

revocation an adult’s

license, the adult has the right to request a driving evaluation with the Department of Motor

Vehicles which can determine if they get their license back. A doctor can refuse to

prescribe pain medications or refuse to see an adult if they skip appointments.

Just because a doctor

has an opinion or recommendation about an adult’s condition, the adult does not have to follow it.

Adults have a right to make a choice that could adversely affect their health.

If you are concerned about an older adult who is being neglected, abused, exploited or unable to care for themselves, I encourage you to make a confi dential call to Elder Protective Services at 800922-2275.

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ELDER ABUSE

Elder Services’ Berkshire Senior , June-July 2021

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