NOTE: Criminalizing Physical and Emotional Elder Abuse Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1995 Board of Trustees of the University of Illinois
The Elder Law Journal

NOTE: Criminalizing Physical and Emotional Elder Abuse

Fall, 1995

3 Elder L.J. 377

Author

Robert A. Polisky

Excerpt



Elderly persons, particularly those who require care givers, are vulnerable to both physical and emotional abuse. In this note, Mr. Polisky discusses the rising problem of elder abuse and offers a solution to reduce its incidence. After a history highlighting the prevalence of elder abuse in care-giving situations, Mr. Polisky analyzes how tort law and criminal law inadequately redress elder abuse victims. Mr. Polisky concludes that state statutes which criminalize both physical and emotional elder abusive acts are the key to protecting the elderly from abuse because they punish the abuse itself rather than relying on proof of the act's impact on the victim. Though some abusers have attacked these statutes on constitutional grounds of overbreadth and vagueness, Mr. Polisky argues that courts have already determined such claims constitutional. In closing, Mr. Polisky proposes model legislation which would best protect the elderly and other vulnerable adults from abuse.
 




I. Introduction
 


On Christmas Eve, 1988, when Emily P. Bissell Hospital nursing aide Linda Foley was changing a thirty-nine-year-old quadriplegic man's catheter, an elderly woman afflicted with Alzheimer's disease wandered into the room. 1 Seizing the opportunity to emotionally harm both nursing home residents, Foley reached for the eighty-nine-year-old woman's hand and demanded that she fondle the man. 2 Fortunately, another nurse's aide witnessed this ordeal and successfully pulled the Alzheimer's patient away before she was forced to touch the man. 3

This incident is but one illustration of the scarcely recognized problem plaguing the elderly - elder abuse. ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities