Uploaded by Patrick Devlin

Healthcare Legal Concepts & Elder Abuse Reporting

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Power of attorney: a person who has been legally appointed to act on behalf of another in ways
that are specifically indicated in a legal document (Touhy, 2016)
Healthcare proxy: Someone in the hierarchy of authority to make decisions on behalf of
someone who in unable and not outlined their desires (Touhy, 2016)
Guardians and Conservators: Individuals, agencies, or corporations that have been appointed to
take care, custody and control of incapacitated persons (Touhy, 2016)
Living will: an advance directive that is specifically related to a situation in which a person is
facing terminal illness and unable to speak for themselves (Touhy, 2016)
Advance directives: A written document stating how you want medical decisions to be made if
you lose the ability to make them for yourself. It may include a Living Will and a Durable Power
of Attorney for health care. (Chapter 31 Slides)
Legal Capacity: Regarding elderly individuals, this usually refers to decision-making capacity.
The law generally presumes that adults have capacity unless they have been adjudicated as
incapacitated; legal capacity is determined if an individual exhibits diminished capacity for
decisions such as making a will, executing a Power of Attorney, or entering contracts. (Chapter
31 Slides)
Nurses are mandated reporters of suspected elder abuse to help prevent and curtail physical,
emotional and financial harm (Ziminksi, 2011). Geriatric populations are susceptible to a wide
range of abuses in both at home and clinical settings. Combatting some forms of abuse are
more difficult than others, but nurses can give patients resources to contact in the event that
they feel they are suffering abuse. Informing patients that they are free to leave abusive
situations and empowering them with resources can be an effective means of preventing abuse
(Touhy, 2016). Nurse reporting of abuse is done anonymously through a social worker in the
clinical setting. The police are also informed. Ombudsmen are also used in the aged care setting
as advocates for vulnerable elders. Unfortunately, there are often times where abused elderly
will refuse intervention and they cannot be removed from harmful situations without their
permission (Touhy, 2016). This sounds terribly disheartening and I personally am not sure how I
would handle this situation.
Touhy, T. A., & Jett, K. F. (2016). Ebersole & Hess’ Toward Healthy Aging. Elsevier
Gezondheidszorg.
Ziminski, C. E., & Phillips, L. R. (2011). Clinical concepts. The nursing role in reporting
elder abuse: specific examples and interventions. Journal of gerontological
nursing, 37(11), 19–23. https://doi.org/10.3928/00989134-20111010-01
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