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Elder Abuse in New Zealand,[object Object]
Introduction,[object Object],Elder abuse is a single, or a repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an elderly person.,[object Object],(WHO definition, Declaration of Toronto 2002),[object Object],Elderly = aged 65 or over.,[object Object]
Agencies involved,[object Object],[object Object]
Other agencies receiving and acting upon reports of elder abuse include NZ police, District Health Boards, other older person’s charities.
Services patchy, worse in rural areas, better in cities,[object Object]
Categories of elder abuse,[object Object]
Elder abuse,[object Object],Victims may suffer more than one kind of abuse,[object Object],Elder abuse may take place in the community or institutions,[object Object],Family members primarily responsible for abuse in both settings,[object Object]
Institutional abuse,[object Object],There have been recent, highly publicised incidents of abuse of nursing home patients by staff.,[object Object],Institutional abuse largely undocumented.,[object Object]
Auckland 2008,[object Object]
State of California...,[object Object]
Legislation,[object Object],No specific legislation dealing with elder abuse (unlike US, esp. California),[object Object],No statutory adult protective powers.,[object Object],Section 151 Crimes Act “ duty to provide the necessaries of life”,[object Object],Rarely used in relation to adults (usually child abuse),[object Object]
Incapacitated adults,[object Object],Protection of Personal and Property Rights Act 1988,[object Object],An Act to protect and promote the personal and property rights of adults who are unable to manage their own affairs.,[object Object],Administered by the Family Court.,[object Object],Counsel for the person appointed by Court.,[object Object]
Principles underlying the PPPR Act,[object Object],Welfare and best interests of the person,[object Object],Rebuttable presumption of competence,[object Object],Make the least intrusive interventions compatible with safety,[object Object],Encourage integration into community,[object Object],Encourage the person to make their own decisions as far as possible,[object Object]
Orders available,[object Object],The Court may make orders, directions or recommendations.,[object Object],Section 10 personal orders: relate to residence, medical care, rehabilitation, education.,[object Object],Section 11 property orders: small estates and benefits or income of $10,000 a year or less ,[object Object]
Orders available,[object Object],Section 12 orders to appoint welfare guardian,[object Object],Usually only one WG,[object Object],May have wide-ranging powers, may only be for specified purpose: usually all aspects of personal care and welfare,[object Object],Principles apply. Also duty to consult with others who have an interest in the person’s welfare including property manager,[object Object]
Orders available,[object Object],Section 31 orders to appoint property managers. May be more than one.,[object Object],Public Trustee, lawyers, accountants, family members, friends.,[object Object],Must submit annual accounts,[object Object]
Orders available,[object Object],All orders may be for a specified period and must be renewed if necessary.,[object Object]
Enduring Powers of Attorney,[object Object],Part IX of the PPPR Act regulates enduring powers of attorney (EPA),[object Object],Recently amended due to concerns about abuse of EPA,[object Object],May be for property or welfare.,[object Object],Welfare EPA only activated when person lacks capacity,[object Object],Property EPA may be activated at any time,[object Object]
PPPR Act Applications 2005,[object Object]
PPPR Act applications,[object Object],1,383 applications in 2005,[object Object],42% related persons aged 60 and over,[object Object],Most decision making is informal and doesn’t involve FC proceedings.,[object Object],No Bournewood  gap recognised in NZ,[object Object],NZ Bill of rights never been invoked in relation to the detention of a person in a nursing home.,[object Object]
Dealing with elder abuse,[object Object],Often unrecognised , unacknowledged and unreported.,[object Object],Very difficult to obtain criminal convictions ,[object Object],“Private” nature of elder abuse,[object Object],Hampered by ageism,[object Object],Little appreciation of human rights of older people,[object Object]

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Elder Abuse In New Zealand Frances Matthews

  • 1.
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  • 4. Other agencies receiving and acting upon reports of elder abuse include NZ police, District Health Boards, other older person’s charities.
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Editor's Notes

  1. The experience of working as a GP, member of the elder abuse prevention panel, and court appointed welfare guardian
  2. People under 65 may be abused, esp if disabled. Abuse such as theft, fraud, assault may be perpetrated by strangers
  3. Only ACNZ collects elder abuse data
  4. The person may suffer more than one type of abuse. Psychological abuse may accompany other forms of abuse. Neglect may be active or passive.
  5. The Auckland gagging. Evidence of physical assault from nursing home voice activated tape. HDC differentiated between poor care and abuse(!)
  6. “ She needed to be quiet and I have made her be quiet” Nursing home subsequently closed, carer arrested and charged.
  7. Arnold Schwarzeneger, now governor of the State of California in a previous incarnation as the terminator. California has the probably the most comprehensive legislation against elder abuse in the common law world.
  8. Those in charge of a vulnerable person unable to take care of themselves who fail in their duty to provide the necessaries of life may face criminal charges if the person dies, has their life endangered, or suffers permanent harm
  9. Only applies to those who lack the capacity to make their own decisions. Applies to adults of any age.
  10. s.12 only made if the Court is satisfied the person wholly lacks the capacity to make their own decisions, or lacks the ability to communicate them.
  11. Most usual kind of property order
  12. May decide to retire and place property management and administration in the hands of another: doesn’t need to lack capacity.