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Elder Abuse
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What Is Happening at NCSC

NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

Elder Abuse and the Courts Working Group   Includes meeting resources and supplemental reference materials.

Family InfoCenter  Additional CourTopics modules related to this topic.

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Adult Protective Services

Good Guardianship: Promising Practice Ideas on Court Links for Agencies on Aging, Adult Protective Services, and Long-Term Care Ombudsman. State Court Partnerships with the Aging Network. Chicago, IL: ABA Commission on Law and Aging.  This brochure encourages collaboration in guardianship practices between the court system and the aging network.

Teaster, Pamela B. et al The 2004 Survey of Adult Protective Services: Abuse of Adults 60 Years of Age and Older. The National Center on Elder Abuse (February 2006).  The purpose of the 2004 survey was to gather the most recent and accurate state-level APS data on elder abuse.

Problems Facing Adult Protective Services Programs and Resources Needed to Resolve Them.  (January 2003).  This is a survey report by the National Association of Adult Protective Service Administrators.

Teaster, Pamela B. A Response to the Abuse of Vulnerable Adults -- 2000 Survey of Adult Protective Services. Washington, DC: National Center on Elder Abuse (2002).  A case study of the amounts, types, and solutions of Elder Abuse cases.  Undertaken by the National Center on Elder Abuse, the survey ends with recommendations following its raw data.

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Coordinated Responses

Groh, Arlene. Restorative Justice: A Healing Approach to Elder Abuse. Centre for Restorative Justice, Simon Frazer University, Canada.  A discussion of the aims of the restorative justice project attempting to study Elder Abuse.  This begins by studying the causes of elder abuse as well as defining what it is, and continues through processes for justice as well as manners of avoiding future elder abuse.

National Wingspan Implementation Session: Action Steps on Adult Guardianship Progress. National Guardianship Network (2005).  The 2004 Wingspan Implementation Session was convened to assess progress in achieving the Wingspan Conference recommendations and develop a blueprint for further action at the national, state and local levels. 

"Our Aging Population: Promoting Empowerment, Preventing Victimization, and Implementing Coordinated Interventions." OJP Issues and Practices Report (December 2000).  This report describes the proceedings of a national symposium sponsored by the Departments of Justice and Health and Human Services that featured promising multidisciplinary approaches to redress all types of elder victimization. 

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Elder Victimization

Trends in Elder Abuse in Domestic Settings. Elder Abuse Information Series 2 National Center on Elder Abuse.  A factsheet on the key definitions and types of elder abuse.

Types of Elder Abuse in Domestic Settings. Elder Abuse Information Series 1 National Center on Elder Abuse.  Descriptions of each principal type of Elder Abuse: from physical abuse to neglect.

Klein, Andrew et al. A Statewide Profile of Abuse of Older Women and the Criminal Justice Response. Unpublished report received by the Department of Justice from Advocates for Human Potential, Inc. (April 2008).  This report details research involving various aspects of domestic abuse of older and elderly women in the state of Rhode Island.  Researchers found larger than expected intimate abuse, especially among married couples, supplemented by even greater abuse by mostly male predatory offspring and grandchildren as women reach age sixty. 

Elder Abuse--The Basics. National Center on Elder Abuse (2007).  A resource guide for those who question what to do in a situation of elder abuse.  With this guide, anyone can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance

Financial Exloitation of the Elderly. Arizona Elder Abuse Coalition (2007).  This report states that a slight majority of financial exploitation victims are elderly females over age 70.  Perpetrators are most often relatives of the victim.  Estimates are that 30-40% of elder abuse involves some form of financial exploitation.

Brandl, Bonnie. "Power and Control--Understanding Domestic Abuse in Later Life." Generations 24, no. 2. (Summer 2000).  See especially Figure 1: the power and control wheel for domestic violence in later life. 

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Guardianship/Power of Attorney

Stiegel, Lori A. and Erica F. Wood Nine Ways to Reduce Elder Abuse Through Enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. American Bar Association Commission on Law and Aging. 

This paper looks at the connection between guardianship and elder abuse and encourages adoption of the Uniform Adult Guardianship and Protective Proceedings Act (UAGPPJA) as a way to address the problems that can occur in multi-jurisdiction guardianship proceedings.

Carns , Teresa W., Susan McKelvie Alaska`s Adult Guardianship Mediation Project Evaluation . Alaska Judicial Council (March 2009).  The Alaska Court System created a program to provide mediation in appropriate adult guardianship and conservatorship cases. The program began work in 2005, and has handled about 113 cases since then. To provide a basis for evaluating the program, project personnel compiled data from the mediators, participants and parties.

Stiegel, Lori A. and Ellen VanCleave Clem Power of Attorney Abuse: What States Can Do About It. American Bar Association Commission on Law and Aging (November 2008).  This AARP Public Policy Institute report provides citations for Power of Attorney laws by state and compares them to the Uniform Power of Attorney Act (2006).

Uekert, Brenda K. and Thomas Dibble Guardianship of the Elderly Past Performance and Future Promises. The Court Manager (2008).  This article provides a national review of guardianship issues that affect the state courts.

Teaster, Pamela B. et al. Wards of the State: A National Study of Public Guardianship.  (April 2005).  Graduate Center for Gerontology, University of Kentucky and the ABA Commission on Law and Aging. This comprehensive report provides an overview of adult guardianship, a review of the literature, and an analysis of public guardianship law, in addition to a national survey of public guardianship. Four models of public guardianship are identified and described: the court model, the independent state office model, the division of a social service agency model, and a county model.

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Justice System Response

Elder Justice Center. The Elder Justice Center (EJC) is a court program in Tampa, Florida that helps persons age 60 or older who are involved in the court system because of guardianship, criminal, family, or other matters.

Fiduciary Certification Program. This program, a first of its kind in the U.S., is designed to help ensure that Arizona's elderly, mentally incapacitated, and other vulnerable citizens have trained and certified individuals managing their financial affairs, medical decisions, and other vital matters.

Morgan, Rebecca C. "Elder Law in the United States: The Intersection of the Practice and Demographics." Journal of International Aging, Law and Policy, Vol. 2 (Summer 2007).  This article discusses the impact of the aging population on the legal field.  It includes a discussion of elder abuse and neglect in addition to other areas of the law affected by an aging population. 

Lowey, Elizabeth Elder Abuse: Domestic Violence, Self Neglect and Financial Exploitation. Manahattan District Attorney`s Office, Elder Abuse Unit (June 2006).  This presentation explains how elder abuse cases involving domestic violence or financial exploitation are prosecuted in New York State. 

Rothman, Max B., Burton D. Dunlop, and Laura R. Seff Adapting Trial Court Performance Standards to an Aging Society: Guardianship, Self-service, and Criminal Cases Involving Elder Mistreatment and Domestic Violence. The Center on Aging, Florida International University (March 2006).  These proposed elder-specific Trial Court Performance Standards (TCPS) measures are intended to make available self-assessment tools that courts can use to gauge ongoing effectiveness in meeting the needs of older court users.  (KF8732 .R68 2006)

Elder Abuse Fatality Review Teams: A Replication Manual. ABA (2006).  A set of case studies undertaken to see the most common actions of those who encounter deaths from elder abuse.  A study from the ABA's Commission on Law and Aging.

Elder Calendar.  (April 2005).  Press release on the award that was given to the Alameda County Elder Abuse Protection Court

Prosecution of Elder Abuse, Neglect and Exploitation Criminal Liability, Due Process, and Hearsay. American Prosecutors` Research Institute (July 2003).  An APRI research paper focusing specifically on neglect as a form of elder abuse.  By using the actual state and federal statues pertaining to these practices, the paper attempts to bring to light exactly who is criminally liable in a given situation.

Family Violence Forum Special Issue on Elder Abuse.  (Spring 2003).  The Family Violence Community of Practice newsletter shares ideas and keeps our colleagues informed about practices that improve the justice system’s response in family violence cases.

"Establishing an Elder Justice Center." Family Violence Forum  (Spring 2002).  An article discussing a novel approach to Elder Abuse in Tampa, Florida, the establishment of a center within the justice department devoted entirely to elder abuse.

Legal Interventions in Family Violence: Research Findings and Policy Implications. Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice (1998).  This publication synthesizes the current research and emphasizes practical implications for practitioners. Chapter 2 specifically discusses elder abuse.

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Legislation/Statutes/Laws

Elder Justice Act S. 2010. 109th Congress, Office of Legislative Policy and Analysis.  Provides a brief description of this pending legislation. See also the Elder Justice Coalition.

Older American`s Act: Title VII Vulnerable Elder Rights Protection. For nearly forty years, the Older Americans Act has expressed the nation's commitment to protecting vulnerable older Americans at risk.

"Reauthorization of the Older Americans Act." The text of the permanent addition into law of another facet of the Older Americans Act.

Senate Bill 2933:The Elder Justice Act. The Elder Justice Act would establish "Offices of Elder Justice" in the Department of Health and Human Services and Justice Department. The new offices would assist in program funding and policy making. A public-private coordinating council and an office of adult productive services would be in place at the federal level. The bill would also require criminal-background checks for nursing-home aides and require nursing homes and long-term care facilities to report wrongdoing immediately. It also would provide increased funds for research and tax incentives for well-qualified caregivers.

AARP Asks Court to Uphold Ruling Allowing Nursing Home Negligence Case to Proceed to Trial. AARP (October 2008).  This article discusses the amicus brief filed by the AARP and their position that an arbitration clause is not appropriate for the nursing home applicant who is extremely vulnerable and with limited bargaining power when signing an admission contract.

Elder Abuse Prevention Act of 2006. H.R. 5722.  (2006).  This act was introduced by Rep. Chandler (D-KY) and Rep. Kennedy (R-MN) on June 29, 2006. This bill would require states to have laws prohibiting parole for any person who is convicted of a criminal sexual offense against an elderly victim or who is a violent sexual predator unless such a law is prohibited by the state's constitution. 

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Newsletters/listservs

Adult Abuse Review. A free, online monthly newsletter.

Elder Abuse Listserve. This listserv is managed by the ABA Commission on Law and Aging and provides professionals working in fields related to elder abuse with a free forum for raising questions, discussing issues, and sharing information and best practices related to elder abuse. To subscribe, e-mail Lori Stiegel at lstiegel@staff.abanet.org

NCEA Elder Abuse Newsletter. A free online newsletter.

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Organizations

ABA Commission on Law and Aging. See especially useful links.

Administration on Aging. Department of Health and Human Services. 

Elder Care Locator. U.S. Administration on Aging.  Provides resources for older adults in any U.S. community.  1-800-677-1116

MINCAVA Electronic Clearinghouse--Elder Abuse. Articles, fact sheets, and other informative resources.

National Adult Protective Services Association. The leading surveyor of elder abuse and elder justice in the nation.

National Center on Elder Abuse. Provides comprehensive information about elder abuse: its causes and victims, elder-abuse laws by state, hotline reporting numbers, fact sheets, and research reports, with extensive annotated Web links to state, national, and international sites.  See especially their clearinghouse of information as well as related links, including Adult Protective Services, Elder Abuse State Hotlines, Legal Resources by State.

National Clearinghouse on Abuse in Later Life (NCALL). The Wisconsin Coalition Against Domestic Violence created the National Clearinghouse on Abuse in Later Life (NCALL) in 1999 with funding from the Department of Justice's Office on Violence Against Women. The clearinghouse examines the relationship  between domestic violence, sexual assault and elder abuse/neglect.

National Committee for the Prevention of Elder Abuse. The National Committee for the Prevention of Elder Abuse (NCPEA) is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America's most vulnerable citizens.

National Long Term Care Ombudsman Resource Center. The National Long Term Care Ombudsman Resource Center provides support, technical assistance and training to the 53 State Long Term Care Ombudsman Programs and their statewide networks of almost 600 regional (local) programs.

Office for Victims of Crime -- Elder Abuse. Aid for those who find themselves victims of elder abuse.

Special Committee on Aging. A committee created by the Senate to address problems faced by elders in today's society.

The Center for Social Gerontology. The Center for Social Gerontology, Inc. (TCSG) is a non-profit research, training and social policy organization dealing with issues such as law and aging, guardianship, and the use of mediation in elder law cases.

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Prevention

Elder Abuse Prevention: A Consortium Serving Alameda and Contra Costa Counties in Northern California. National Resource Center for Safe Aging.  Information on elderly abuse is provided for residents of Alameda and Contra Costa counties in Northern California. Elder Abuse Prevention was established in 1984 to address the needs of older adults who are vulnerable to abuse or neglect and provides an array of services.

Mental Capacity, Consent and Undue Influence: What Do These Concepts Have to Do with Preventing Elder Abuse and Neglect?. National Committee for the Prevention of Elder Abuse (2003).  Frequently asked questions pertaining to issues of mental capacity and con artists preying on the elderly.

Davis, Robert C., and Juanjo Medina-Ariza. Results from an Elder Abuse Prevention Experiment in New York City.  (September 2001).  This report addresses the increasing need for elder-abuse prevention and highlights a field experiment involving interventions designed to reduce repeat incidents of elder abuse. 

"Our Aging Population, Promoting Empowerment, Preventing Victimization, and Implementing Coordinated Interventions." OJP Issues and Practices Report (December 2000).  This report describes the proceedings of a national symposium sponsored by the Departments of Justice and Health and Human Services that featured promising multidisciplinary approaches to redress all types of elder victimization. 

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Self-Help for Elders in Courts

Elder Abuse or Dependent Adult Abuse Problems and How to Ask the Court for Help. California Judicial Branch (2007).  This section explains how to ask for a court order to protect an elder or dependent adult

Elder or Dependent Adult Abuse Questions and Answers. California Judicial Branch (2007).  A Frequently Asked Questions section which deals with common quandaries one might face in any case of suspected or actual elder abuse.

A Citizen`s Guide to Preventing and Reporting Elder Abuse. California Office of the Courts (2002).  A manual outlining the basics of the problem of elder abuse, including guidelines, reporting, and types of elder abuse.

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State Links

Alliance Factsheet for Elderly Abuse. A fact sheet outlining some of the figures makin up the elder abuse problem.

Elder Abuse Coalitions. National Center on Elder Abuse. State-by-state list of elder-abuse coalitions/task forces.

Elder and Dependent Abuse Unit. The City of San Diego.  The Elder and Dependent Abuse Unit was created in 2000 to identify those individuals who prey on senior and dependent adult citizens and to seek prosecution of these perpetrators.

Elder and Dependent Adult Abuse. Office of the City Attorney, Los Angeles.  An explanation of the Los Angeles Elders at Risk Task Force and Los Angeles County Elder Abuse Forensic Center, which engages public and community-based organizations in an effort to increase prosecutions for crimes against the elderly.

Elder Calendar.  The presiding judge is Julie Conger. See the press release on the award that was given to the Alameda County Elder Abuse Protection Court

Elder Justice Center. The Elder Justice Center is a court program in Tampa, Florida that helps persons who are age sixty or older who are involved in the court system because of guardianship, criminal, family or other civil matters.

Florida Department of Elder Affairs. A website from the state of Florida that outlines the states' commitment to protecting elders.

Protecting Senior Texans. Financial exploitation comes in many forms, ranging from employees, caregivers and even family members who take money and property from the elderly without permission, to con artists who wheedle and trick financial information, checks and cold cash from trusting seniors. This site is designed to help seniors recognize such situations.

Safestate-Elder and Dependent Adult Abuse. To call attention to the growing and serious problem of elder and dependent adult abuse, the Crime and Violence Prevention Center mails public service announcements to radio, cable and television stations throughout the state. 

State Elder Abuse Hotlines. Contact information for state Elder abuse hotlines.

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Statistics and Definitions

Statistics, Research, and Resources. National Center on Elder Abuse.  A database of statistics on elder abuse.

"Trends in Elder Abuse in Domestic Settings." Elder Abuse Information Series 2.  A newsletter describing some of the new research undertaken about elder abuse.

Wisconsin`s Annual Elder Abuse and Neglect Report : 2007. Wisconsin Department of Health Services, Division of Long Term Care (2007).  A compilation of all county incident reports from 2007 are the basis of this statewide Annual Elder Abuse and Neglect Report.

Klaus, Patsy. Crimes Against Persons 65 and Older, 1993-2002. Bureau of Justice Statistics Special Report (January 2005).  This report describes trends in violent and property crime between 1993 and 2002. It discusses characteristics of the crimes, including injury to victims, self protective measures used, whether weapons were present, time and place of occurrence and victim-offender relationships.

Hurme, Sally. "Perspectives on Elder Abuse."  (April 2002).  A paper presented at the NGO World Forum on Aging on April 9, 2002.  Available from the AARP Web site.  An article that provides numerous statistics as well as an international perspective.

Klaus, Patsy. Crimes Against Persons 65 or Older, 1992-1997. U. S. Department of Justice, Bureau of Justice Statistics.  (January 2000).  A study of what types of crimes those over 65 face.  This study is filled with tables, charts, and discussions outlining the statistics of the survey.

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Training, Curricula and Tools

Training Resources. National Committee for the Prevention of Elder Abuse.  Annotated bibliography of elder abuse training resources (including videos and training manuals) relevant to professionals and paraprofessionals working in institutional settings.

"Risk Assessment Instruments." National Center on Elder Abuse Newsletter (September 2000).  Researchers are seeking a means of discovering how to guage the amount of risk for elder abuse among groups of people.  This proceeds by outlining manners of measuring and screening risk, and then attempting to apply it to a wider scope.

Brandl, Bonnie. "Power and Control--Understanding Domestic Abuse in Later Life." Generations 24, no. 2 (Summer 2000).  An outline of domestic abuse problems for elders in the context of power and control.  A loss of power and control for the elders, it is found, consequently may result in greater instances of abuse and neglect.

Improving the Police Response to Domestic Elder Abuse: Participant Training Manual. Office for the Victims of Crime (2000).  This manual provides general information to promote a prompt and thorough law enforcement response to incidents of suspected abuse of elderly persons.

Elder Abuse: Domestic Violence Protocol.  (June 1999).  This document provides definitions from statutes on elder abuse in New Hampshire, outlines protocol for intake and investigation procedures, and gives tips for interviewing victims and perpetrators.

Pritchard, J. ed. Elder Abuse Work: Best Practice in Britain and Canada (abstract). Philadelphia: Jessica Kingsley.  (1999).  Elder Abuse Work gives an overview of the developments and issues in both countries and draws out good practice guidelines. The chapters analyse research, theory, policy development, legislation, practice issues, resources and new ideas.

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NCSC Library Material

Stiegel, Lori A. and Ellen M. Klem "Washington Report." Victimization of the Elderly and Disabled  (January 2009).  This article provides information on legislation dealing with elder issues addressed by the 110th Congress, June 12, 2008-October 7, 2008.  (HV6250.4 A34)

Brandl, Bonnie Elder Abuse Detection and Intervention: A Collaborative Approach.  (2007).  This book offers insight into building a collaborative approach at the local, state, and national levels toward addressing elder abuse.  (HV6626.3 .E45 2007)

Meyers, Roslyn. "Overview of State Statutes Protecting the Elderly, Part II." Victimization of the Elderly and Disabled (November 2006).  (HV6250.4 A34)

Meyers, Roslyn. "Overview of State Statutes Protecting the Elderly, Part I." Victimization of the Elderly and Disabled (September 2006).  (HV6250.4 A34)

Quinn, Mary Joy. Guardianships of Adults: Achieving Justice, Autonomy, and Safety. New York: Springer Publishing  (2005).  Practical informaiton is provided on how to achieve justice, autonomy, and safety in the guardianship of adults.  (KF553 Z9 Q56)

Heisler, Candace J., and Lori A. Stiegel. "Enhancing the Justice System`s Response to Elder Abuse: Discussions and Recommendations of the Improving Prosecution Working Group of the National Policy Summit on Elder Abuse." Journal of Elder Abuse and Neglect 14, no. 4: 31 (2004).  (HV6626.3 J68)

Golding, Jonathan et al. "Perceptions of Elder Neglect in the Courtroom." Journal of Elder Abuse and Neglect 16, no. 1 (2004).  Article discusses the results of a study that investigates the perception of elder neglect by undergraduate mock jurors. There were more guilty verdicts and higher ratings of the defendant's guilt when the alleged victim had a cognitive deficit than when she did not. These results are discussed in terms of the implications of bringing cases of elder abuse to court.  (HV6626.3 J68)

Caccamise, Paul L., and Art Mason. "Policy Paper: New York State Summit Targets Elder Abuse, The Time to Act Is Now." Journal of Elder Abuse and Neglect 16, no. 4 (2004).  Ninety-six experts in the field of elder abuse and aging in New York State met in Albany on May 10-12, 2004, to "target elder abuse" and to create a New York State Action Agenda to combat elder abuse. This article discusses that meeting(HV6626.3 J68)

Erlingsson, Christen L. et al. "Elder Abuse Risk Indicators and Screening Questions: Results from a Literature Search and a Panel of Experts from Developed and Developing Countries." Journal of Elder Abuse and Neglect 15, nos. 3/4:185-203. (2003).  A consensus of 48 risk indicators was reached from a review of the literature as well as from the panel of experts. (HV6626.3 J68)

"Administrative Justice for Our Seniors: Establishing an Elder Justice Center." The Court Manager 16, no. 3 (2002).  Article discusses the recently established elder justice centers in Florida. (KF8732 A15 C685)

Roberts, Albert R. Handbook of Domestic Violence Intervention Strategies: Policies, Programs, and Legal Remedies. Oxford: Oxford University Press  (2002).  Chapter 23 on this book is dedicated to elder abuse, including the scope of this social problem; assessment, detection, and intervention strategies; mistreatment involving special populations; and current and future issues of concern. (HV6626.2 H36 2002)

Model Training Curriculum for Judges and Staffs of Courts Exercising Guardianship Jurisdiction: State Guardianship and Representative Payment. Washington, DC: Commission on Legal Problems of the Elderly and Center on Children and the Law, American Bar Association.  (2001).  (KF553 .E54 v.4)

Stiegel, Lori A. Elder Abuse in the State Courts: Three Curricula for Judges and Court Staff. Washington, DC: American Bar Association (1997).  (KF9324 S75 1997)

Stiegel, Lori A. "What Can Courts Do About Elder Abuse?." Judges` Journal 35: 38 (Fall 1996).  Article provides practical information for courts as it relates to elder abuse. (KF200 A456)

Stiegel, Lori A. Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse. Washington, DC: American Bar Association and the State Justice Institute.  (1995).  Outlines the 29 recommendations of the Elder Abuse and State Courts Project with commentary about their development.  Recommendations were intended to assist the courts in providing appropriate judicial solutions that respect the values and wishes of elder-abuse victims while protecting their welfare, easing access of appropriate cases to the court system, and enhancing coordination among the court system, state and local agencies, and the aging network. This report also includes over 100 pages of charts indicating provisions of protective services, institutional abuse, long-term-care ombudsman program, and criminal statutes in every state and the District of Columbia.   (KF9324 .S78 1995)

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Date Last Modified: 8/21/2009
Creation Date: 2003

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