Elder Care Law issue Homework – Mandatory Care/Third Party Liability/Elder Abuse

1 ) Mandatory Care
Should Congress or state legislators mandate a duty of care on part of
adult children for their aging parent or parents when they no longer
can care for themselves? Justify your answer

2) Third Party Liability
Should family caregivers be held legally responsible for the actions
of care recipients under their care that cause injury to innocent
third parties? Why or why not? Justify your answer

3) Elder Abuse
What do you believe are the most important reasons for elder
mistreatment ? Justify your answer and be specific

4) Case Study
Review case one in the text at page 286 and answer the questions
asked. Be specific in your answers

Exercises Case 1 Mrs. N is a 75-year-old widow with no children. The
person closest to her is an 80-year-old neighbor. APS received a
report from Mrs. N’s mailman alleging medical and physical
self-neglect. APS did an initial investigation and determined that
Mrs. N had multiple dogs and that her house smelled badly and was
infested with fleas. There was food in the pantry and the utilities
were turned on. Mrs. N was poorly groomed and her clothes were dirty.
She responded to the investigator’s questioning about her health
history that she had hypertension and diabetes and that she frequently
forgot to take her medication or have her prescriptions refilled. She
also reported an earlier minor stroke. The APS worker documented that
Mrs. N was oriented to person and place but not to time. She had
memory deficits but knew unambiguously that she wanted to remain in
her own home. The APS worker returned a few days later with a
geriatrician, who confirmed the APS worker’s earlier findings. Mrs. N
denied depression. Halfway through the interview, Mrs. N asked the
geriatrician, “Hi. Who are you again?” The geriatrician and APS worker
convinced Mrs. N to come into the hospital clinic for a more complete
workup, at which Mrs. N was found to have uncontrolled hypertension
and diabetes, flea infestation, and possible Alzheimer’s disease with
vitamin B 12 deficiency. Was the mailman correct to report Mrs. N to
APS, or was he a “buttinsky,” acting too paternalistically? Is this a
case of self-neglect or an idiosyncratic lifestyle? How should this
set of circumstances be handled by APS? What happens if APS disagrees
with the clinic staff? How much room is there here for negotiation?
Who needs to be involved in any negotiation and what topics should be
subject to such a negotiation? What are the risks if Mrs. N is sent
back home to live on her own?

5) Age Discrimination
At what age do you believe the law ought to begin providing
protections from discrimination for individuals because of their age?
Where is this protection most needed to be enforced? Justify your
answer.

Recommendations
If you could recommend any new laws or healthcare policies to aid the
elderly, what would they be?