Elder abuse and lawyers’ ethical responsibilities: incorporating screening into practice

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2018-01-02 DOI:10.1080/1460728x.2018.1502965

N. Ries

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引用次数: 4

Abstract

ABSTRACT Elder abuse is a serious and under-detected problem. Law reform agencies and legal profession regulatory authorities have called for action to ensure that lawyers meet their ethical obligations to older clients, including identifying and acting on risk factors for abuse. Screening tools to detect situations of elder abuse exist, but they are targeted mainly at health and social care practitioners. Drawing on international literature, this article identifies and discusses screening tools that could be adapted for use by legal professionals. Three general categories of screening are relevant for lawyers who serve older clients: (1) elder abuse screening tools that cover all domains of abuse or target specific behaviours, such as financial exploitation; (2) screening for decision-making capacity, especially taking account of the impact of abuse or neglect on capacity; and (3) screening to probe the suitability of a person to act in a formal decision-making role for an older person. The article emphasises the importance of implementing screening processes and follow-up actions in a manner that fosters a therapeutic relationship between the older client and the lawyer. It concludes with recommendations for further research in this important area.

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虐待老年人与律师的道德责任：将筛查纳入实践

摘要虐待老人是一个严重且未被发现的问题。法律改革机构和法律职业监管机构呼吁采取行动，确保律师履行对老年客户的道德义务，包括识别虐待的风险因素并采取行动。存在检测虐待老年人情况的筛查工具，但它们主要针对卫生和社会护理从业者。本文借鉴国际文献，确定并讨论了可供法律专业人员使用的筛选工具。三大类筛查适用于为老年客户服务的律师：（1）涵盖所有虐待领域或针对特定行为（如金融剥削）的老年虐待筛查工具；（2）筛选决策能力，特别是考虑到滥用或忽视对能力的影响；以及（3）筛选，以调查一个人是否适合担任老年人的正式决策角色。文章强调了实施筛查流程和后续行动的重要性，以促进老年客户和律师之间的治疗关系。最后提出了在这一重要领域进行进一步研究的建议。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.