Superior Essay Writers | Common legal needs of elderly clients

Common legal needs of elderly clients

Read the case of Norman, a 77 year-old victim of elder abuse, and post your response to any two of the following questions:

What are some of the common legal needs of elderly clients like Norman who may be suffering from elder abuse or financial exploitation? Distinguish between Norman’s criminal and civil legal options.
What are some barriers that may impede Norman’s access to legal redress or representation?
What are Norman’s social or human services needs in this situation?
Samantha’s Post:

In the case of Norman, there are significant concerns regarding domestic violence and elder abuse within his home. Norman is also a victim of financial exploitation. Due to these issues, Norman has several social and human services needs that should be addressed, as well as legal proceedings that should follow. According to the Office of Senior Services in Schuylkill County, PA, this agency “exists to assist older adults in leading independent, meaningful, and dignified lives” (Schuylkill OSS, 2021). A local office of aging can assist by providing an assessment for services, care management for the individual, and protective services for individuals who are mentally or physically incapable of protecting themselves from abuse/neglect.

In Norman’s situation, while he may still be mentally capable of caring for himself, it seems as though he is easily persuaded by the other individuals in his home. Norman is often verbally, mentally, and physically abused. In the past, Norman has been unable to remain outside of the home for long periods of time and is mistreated within the home. With the assistance and support of a worker in the Office of Aging, the office can file a claim with an Ombudsman, who will do a thorough investigation of the abuse within the home. Norman can pursue a Protection from Abuse order, which should remove his children from the home, rather than himself. According to Slater and Fink, “during the course of an investigation, child and adult protective service investigators may decide to petition the court to order family involvement in safety plans or to order the children’s or adults, removal from their homes, or in some cases group homes or institutions, for their safety” (2012). In certain cases, the police are called in and a district attorney can file criminal charges. Civilly, Norman’s case can be referred to Family Court. Both in civil and criminal court, Norman has the right to an attorney.

Unlike the past, with the support of a worker within the Office of Aging, Norman can commit to a better life for himself. In addition, Norman’s wife can gain a better understanding of his needs, as well as their needs as a couple moving forward. The Office of Aging can also provide resources to the family as a whole, to alleviate domestic violence in the future.

Elderly abuse is a general term for cruelty such as physical abuse, negligence, psychological abuse as well as financial exploitation. In the case of Norman, we have observed all those forms of violation for the elderly, namely, emotional abuse, unfair treatment, negligence, physical abuse as well as exploitation. So those are some of the legal needs that Norman should receive since the outcome of such physical and emotional abuse could lead to risk factors such as dementia, isolation as we have seen, physical impairment, and many others.
Some of the barriers that may impede Norman’s legal representation include dismissal by the prosecutor against his charges, lack of a proper legal representation team, bias by the jurors, and failure of witness protection. Norman as an elderly person should be protected from domestic violence and all forms of elderly abuse. It is clear that at his old age all he should be getting from his family members is care and love to reciprocate back what he has given to them. The old folk has worked hard all his life to provide for his family and make sure that they never lack.
The fact that the two sons of Norman physically abuse and financially exploit him, that’s an offense to a fellow man and it’s a civil offense. Among the social and human services that Norman needs include healthcare services, counseling, legal lobbying as well as temporary food and shelter assistance. Having labored for many years, Norman needs fair treatment by his family. As a case manager, I would seek Norman’s legal protection as well as lobby for proper healthcare services and counseling to help him overcome the emotional abuse by his family.

Sample Solution

Free trade has led increased access of economic resources to developing countries and utilization of limited available resources thus stimulating their economic and social development. Small developing countries struggle with scarce and underutilised resources. Free trade allows free entry of other countries and investors to small developing countries and as a result, they participate in conversation of the available resources to economic development resources through ‘mobilization of capital and labour thereby improving the status of the country in the economy’ (Unger, 2010 P 171). Moreover, free trade gives small developing nations chances to obtain resources such as capital from already developed countries that assist them to attain economic development resources or utilize what they have. For example, countries from Asia such as India have developed due to trade liberalization where they have been able to obtain capital, labour and other necessary resources from already developed countries. If there were restriction and barriers between countries, it would have been very difficult for countries like India to realize their development. Therefore, free access to economic resources by developing countries have shaped their economies and helped in consecutive developments. However, free trade has been argued to be unrealistic to small developing countries and instead it is detrimental to its economy by increasing level of unemployment, exploiting domestic companies, increasing pollution and lowering people’s standard of living. Free trade is viewed as means by which developed countries exploit domestic industries of developing countries thus affecting their economic development. Multinational companies such as Nike have been reported to exploit developing countries, (for example Asian countries) by recruiting cheap labour and taking advantage of reduced barriers to maximise on their profits (Irwin, 2009 p. 204). Free trade causes increased influx of imports in a country resulting to increased supply of goods in the market. This causes decrease in prices of goods and services causing domestic companies and industries to reduce their prices, which may result loss and reduced share of the market. Therefore, they become less competitive. This may affect the domestic industries by causing decreased growth and as a result crippling. Hence, for countries to protect their domestic industries, they ‘impose taxes on imports and policies that restrict imports’ that may cause price fluctuations in the market (Hanson, 2010 p. 20>

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