5th Topic of Discussion: Adult Protective Services recommendations from Indiana Prosecuting Attorney Council (IPAC) and Family and Social Services Administration (FSSA) Name: Susan O’Malley, Deputy Director of Indiana Prosecuting Attorney Council (IPAC) Ms. O’Malley stated that the recommendations to the committee are the same as they were from the September 16th Interim Study Committee on Corrections and Criminal Code. Although these recommendations call for it to be addressed in a Budget Session for the recommendations are to increase funding so that they may allow more resources and staff. APS’s main concern going forth is the need for more funds to increase the APS’s staff. However they would like to see legislation to address problems with financial fraud and encourage the committee to recommend language similar that to the Gramm-Leach-Bliley Act (GLBA) also known as the Financial Services Modernization Act of 1999. This legislation is similar to HIPA for bank records.…
November 13th, 2001 was the date that would change Jeffrey’s life forever. This retired Wesleyan University professor suffered a stroke that would make him incapable of completing a sentence. It was the day his autonomy was taken away from him, and all the decisions were put on his wife who was his power of attorney. As Jeffrey’s condition got worse, his wife made the life altering decision to place a pacemaker to keep her husband alive, and since that day she and her daughter have fought to end his suffering. The issue is whether to respect the power of attorneys autonomy and comply with the desire to deactivate the pacemaker or if it is beneficent to do so.…
Elder Mistreatment Case Study This case study was concerning the health and safety of Mr. Edward McKay in his home. Mr. McKay is an 82 year old gentleman who after suffering two cerebral vascular accidents has been left with left sided hemiplegia and is unable to speak. He is bedridden with bilateral lower extremity contractures, incontinent, dysphasic and dysphagic. Mr. McKay’s physical condition alone would require total care on a 24 hour basis to assist with feeding, changing and turning him. He lives with his only daughter and son in law and has no other people who check on him or assist with care in his family.…
With the power of attorney, a person names someone they trust with their life to make health care decisions if they are not able to do so themselves. With the declaration of a desire…
The Australian aged care system has been progressing over the years since the 1900s. Many government players ranging from the Commonwealth through to the State and local governments were involved and have shown that since 1979, to have been focusing on the protection of rights for aged care consumers. Significant changes addressing the rights for aged care consumers were notable in 1997. During this period, the Commonwealth government introduced the Aged Care Act of 1997.…
While no official laws regarding the use of physical restraints in nursing homes and assisted living facilities exist, many elderly care facilities tend to have their own policies regarding the use of physical restraints. Most facilities are against the use of physical restraints because it conflicts with elderly care facility ’s purpose of keeping a resident’s dignity intact. It is difficult to ensure the legal security of people with dementia because while they have protected rights and freedom, that freedom can be limited while in care (9). Using physical restraints is a way to limit the patient’s independence; therefore, the use of physical restraints is often avoided at all costs.…
Abusive Authority: Prison Guards and Pimps Cana Rainwater Charleston Southern University Abusive Authority: Prison Guards and Pimps In 1971, a psychologist by the name of Philip Zimbardo created a “prison” in the basement of a psychology building to study the behavioral and psychological consequences of becoming a prisoner or a prison guard; the results were unexpected. Participants in the program showed evidence of psychological changes within thirty-six hours, and the experiment ended after only six days, eight days shorter than planned (REFERENCE). The power of a situation can overcome the power of one’s mind, as seen through the role-play of the participants. Zimbardo’s experiment is not an isolated or imagined event;…
When faced with ineffective assistance of counsel it is impossible for a defendant to knowingly abandon a right or privilege, whose existence he does not truly understand exists. Here, if a defendant does not know that they are victims of ineffective assistance of counsel then a Rule 11 colloquy does not assist the defendants in their understanding of whether they attained effective legal representation. For example, the transcript of the Rule 11 hearing shows that the Court never asked whether the brothers understood effective versus ineffective assistance of counsel; whether they understood reasonable diligence in legal representation; whether they understood the actual work expected of attorneys in CCE and money laundering cases and against…
SW1 Abuse of Presidential Power The abuse of presidential powers have been getting worse and worse over the years. Some say that what the president does is constitutional, some say it’s not. Really, it’s all on how the Constitution is interpreted. For example, the Watergate Scandal that Nixon pulled, or even Obama having open borders and not deporting illegal immigrants.…
In the period following the 9/11 terrorist attacks our government has abusing their power over detainment. They have illegally kidnapped, detained and tortured numerous people. Their justification is that they retain the right to designate any person as an “enemy combatant”. Often these areas of containment are inaccessible by the Red Cross making medical treatment impossible and investigations into other detention centers reveals human rights abuse and violations of international law. The government has also began rendition, a practice of kidnapping and moving people to hostile countries that harm the person sent.…
As someone who has a living Grandpa with Alzheimers, I find this question enticing. We have constant family discussions on what is the best thing for Grandpa and his health. My mom currently has power of attorney over my Grandpa and his decisions. With his doctor stating that he is no longer capable of making conscious decisions, so we now are the primary signers of any form of consent. This includes treatments, medication, and research studies.…
Introduction Doctrine of promissory estoppel is deemed as an exception to the general principle that a promise may only be enforced if it is supported by good consideration. The doctrine of promissory estoppel was first established in the case of CLP v Trees. Even though promissory estoppel is seen an advantage, it does consist some flaws that can have repercussion due to its inconsistency. However it does help weaker parties in legal matters where the doctrine of consideration neglects those parties. This will be discussed into further details in the essay.…
For my advance directive reflective paper, I got to interview my brother, he was aware that a person had a right to refuse treatment at the end of life, and that other family members can make end of life decision on his behalf. But he was not aware that a power of attorney could be anyone he has close connection with, whether it is friend or family, and it does not have to be a stranger that represent you. Even though my brother had a clue about advance directives, I sat and explained to him what advance directives are using the resources I have, and showed him an example of the documents needed. Moreover, I explained to him who can be the power of attorney as shown in the first paragraph.…
Elder Abuse and Neglect Introduction Elder abuse and neglect is a widespread problem in the United States today. In the late 70s elder abuse and neglect was recognized by the legislatures around the country to pass laws for the victims of elder mistreatment (Quinn2004). It is a known fact that family caregivers are stressed out and are taking it out on the elderly person in being cruel to their elderly family members (Quinn2004). Domestic violence and criminal behavior are some of the newest theories that are being directed toward occurring elder abuse and neglect (Quinn2004). In order to create a national policy, the national Center on Elder abuse had a group meeting in December 2001 the direction of the policy (Quinn2004).…
One of the reasons for why the courts enforce secret trusts can be explained by the fraud theory. Fraud theory is based on the maxim that “equity will not permit a statute to be used as an instrument of fraud”. [8] Equity will not permit the secret trustee to keep the property fraudulently to themselves relying on failing to comply with Wills Act’s requirements such as the terms not in signed writing, but instead will ensure them to hold the property on trust. [8] In this context, “fraud” should be understood as failing to give effect to the final intention of the testator by the secret trustee who has promised to carry out the trust obligation but then frustrate testator’s wishes and sacrifice the interest of the secret beneficiaries. In this…