The legal appearances of dementia in court rulings: mapping the terrain

2017 ◽  
Vol 29 (5) ◽  
pp. 755-763 ◽  
Author(s):  
Israel (Issi) Doron ◽  
Perla Werner ◽  
Benny Spanier ◽  
Ori Lazar
Keyword(s):  
Older Persons ◽  
Quantitative Method ◽  
Social Protection ◽  
Legal Issues ◽  
Legal Capacity ◽  
Criminal Cases ◽  
Very Elderly ◽  
Screening Process ◽  
Standing Up ◽  
Person With Dementia

ABSTRACTBackground:Individuals with dementia may appear before the court in different roles: as victims, as witnesses, and as those standing up for their rights. While there is growing interest in the rights of older persons with dementia, relatively little empirical data exists regarding their actual interactions in courts. Therefore, the goal of this study was to empirically map this legal terrain.Methods:This study used a descriptive quantitative method. A computerized search of a national legal database limited to the period 2004–2014 and a screening process for the results were used to establish a sample of 280 court rulings that directly addressed dementia. All cases were analyzed and categorized into the following four criteria groups: characteristics of the person with dementia; characteristics of the legal procedure; the legal substance of the case; and the legal outcome.Results:The majority of cases involved a single, very-elderly (i.e. over 80 years) woman, living in the community, with unspecified dementia. The majority of cases were heard and decided in lower level courts, addressing a broad range of primarily non-criminal legal issues. Finally, in the majority of non-criminal cases, the person with dementia was found to be legally capable, whereas in the majority of criminal cases, the person with dementia was found incapable.Conclusions:The legal needs and rights of persons with dementia are much broader than issues of legal capacity or social protection. Deeper knowledge and more research is needed in order to fully understand the contexts in which dementia is constructed under the law.

scholarly journals WHAT DO GREEKS BELIEVE ABOUT ELDERS AND MENTAL CAPACITY?

2014 ◽  
Vol 8 (3) ◽  
pp. 1-5 ◽  
Author(s):  
Vaitsa Giannouli
Keyword(s):  
Older Persons ◽  
Mental Health Problems ◽  
Capacity Assessment ◽  
Legal Capacity ◽  
Discussion Forums ◽  
Legal Implications ◽  
Decision Making Capacity ◽  
Current Assessment ◽  
Financial Decision ◽  
Individuals With Intellectual Disabilities

Despite the plethora of studies abroad, in Greece views on individuals with intellectual disabilities and older persons with mental health problems is not a well investigated topic. The results of the present study reveal that generally acts with financial-legal implications (mainly financial decision-making capacity) are of concern to the participants, as they consider this sort of capacity the main predictor for legal (in)capacity on the whole, especially when they consider elderly patients. Participants have doubts about the appropriateness of the current assessment methods followed by forensic psychiatrists and psychologists in Greece and hope for future improvements in the field of legal capacity assessment. In addition to that participants seem to welcome any form of provided information (live lectures from conferences, videos, interviews, discussion forums and texts) from experts with an emphasis on issues for elders. No significant differences were found in the expressed views based on gender or age, but subtle differences were found according to educational level. 

scholarly journals Orally positioning persons with dementia in assessment meetings

2013 ◽  
Vol 35 (2) ◽  
pp. 367-388 ◽  
Author(s):  
JOHANNES H. ÖSTERHOLM ◽  
CHRISTINA SAMUELSSON
Keyword(s):  
Social Workers ◽  
Older Persons ◽  
The Other ◽  
Supportive Services ◽  
Dementia Diagnosis ◽  
Interactional Competence ◽  
People With Dementia ◽  
Future Care ◽  
Interactional Analysis ◽  
Person With Dementia

ABSTRACTIn this paper we study if and how persons with dementia are orally positioned by others, and how they position themselves while participating in assessment meetings held in order to discuss access to supportive services. We analysed five assessment meetings where two older persons (one diagnosed with dementia and one without a dementia diagnosis) participated to investigate whether the person with dementia is positioned differently than the other old person. Interactional phenomena used to position the person with dementia were identified by interactional analysis. We identified six phenomena that positioned the person with dementia as an individual with less interactional competence than the other participants: ignoring the person with dementia; voicing the feelings, capacity or opinion of the person with dementia; posing questions implying lack of competence; others' use of diagnosis; self-(re)positioning; and elderspeak. Persons with dementia are often orally positioned as less competent, indicating that they suffer further from discrimination than other older persons. We suggest that this has an impact on the participation of people with dementia in negotiations regarding their future care. The results indicate that social workers should be made aware that negative positioning exists and how it may affect the ability of people with dementia to contribute to discussions about their everyday life. Social workers should be encouraged to find strategies to reduce negative positioning in interaction.

scholarly journals The conundrum of old age and COVID-19 responses in Eswatini and Zimbabwe

2020 ◽  
Vol 63 (6) ◽  
pp. 842-846
Author(s):  
Tatenda Goodman Nhapi ◽  
Jotham Dhemba
Keyword(s):  
Social Security ◽  
Social Functioning ◽  
Social Workers ◽  
Old Age ◽  
Older Persons ◽  
Social Protection ◽  
Resource Constraint ◽  
African Countries ◽  
Impact Mitigation

This article explores domains of challenges in guaranteeing enhanced social functioning for Southern African countries of Zimbabwe and Eswatini in the context of COVID-19. Government of Zimbabwe (GoZ) and Government of Ewatini (GoE) social protection interventions targeting COVID-impact mitigation for older persons are analysed within the context of resource constraint challenges. Social security programmes initiated by the GoE and GoZ are analysed while noting emerging milestones and gaps. Finally, pathways for the roles of social workers are proposed.

Learning on the Wires: BYOD, Embedded Systems, Wireless Technologies and Cybercrime

2013 ◽  
Vol 13 (2) ◽  
pp. 119-123 ◽  
Author(s):  
Brunella Longo
Keyword(s):  
Embedded Systems ◽  
Best Practices ◽  
National Policy ◽  
Organised Crime ◽  
Legal Issues ◽  
It Security ◽  
Criminal Cases ◽  
Technical Standards ◽  
Wireless Technologies ◽  
Practical Guidance

AbstractThis article aims to identify and define some of the legal issues, the computer misuses and the information misbehaviour associated with IT security that are increasingly a matter for civil litigation, criminal cases and national policy where fighting serious organised crime and cybercrime are concerned. The author, Brunella Longo, investigates this subject, suggests criteria and offers practical guidance for researching the issues. The article also includes references to relevant legislation, normative technical standards and best practices that have emerged as a result of corporate IT developments.

Sustainable Development Plan for Aging World Population

2018 ◽  
pp. 26-36
Author(s):  
Pradeep Kumar Panda
Keyword(s):  
Sustainable Development ◽  
Older Persons ◽  
Social Protection ◽  
Development Planning ◽  
World Population ◽  
Family Structures ◽  
Social Transformations ◽  
Goods And Services ◽  
Intergenerational Ties ◽  
Aging World

The number of older persons has increased substantially in recent years in most countries and regions, and that growth is projected to accelerate in the coming decades. This is poised to become one of the most significant social transformations of the twenty-first century, with implications for nearly all sectors of society, including labor and financial markets, the demand for goods and services, such as housing, transportation, and social protection, as well as family structures and intergenerational ties. Preparing for the economic and social shifts associated with an aging population is thus essential to ensure progress in development, including towards the achievement of the goals outlined in the 2030 Agenda for Sustainable Development. There is urgent need to consider older persons in development planning, emphasizing that older persons should be able to participate in and benefit equitably from the fruits of development to advance their health and wellbeing, and that societies should provide enabling environments for them to do so.

Some Macro-observations Regarding Social Protection of Dependent Older Persons

2018 ◽  
pp. 42-86
Author(s):  
Jozef Pacolet ◽  
Ria Bouten ◽  
Hilde Lanoye ◽  
Katia Versieck
Keyword(s):  
Older Persons ◽  
Social Protection

Muscle Synergy Analysis Between Young and Elderly People in Standing-Up Motion

2013 ◽  
Vol 25 (6) ◽  
pp. 1038-1049 ◽  
Author(s):  
Qi An ◽  
◽  
Yusuke Ikemoto ◽  
Hajime Asama
Keyword(s):  
Motor Function ◽  
Older Persons ◽  
The Elderly ◽  
Joint Torque ◽  
Daily Activities ◽  
Muscle Synergy ◽  
Elderly Persons ◽  
Muscle Coordination ◽  
Important Data ◽  
Standing Up

Standing up is fundamental to daily activities of the elderly. It is necessary both to enhance muscle strength and to strengthen muscle coordination for improvement of their motor function. In this paper, we extract important data related to muscle coordination, called synergy, to perform standing motion by young and elderly participants. The contribution of muscle synergy to body kinematics is calculated through neural networks that estimate joint torque and body kinematics. To explain deficient motor function in elderly persons, extracted synergy is classified into 4 clusters based on how synergy contribute to body kinematics. Cluster analysis explains that elderly participants have weaker synergy than young persons in bending their backs to generate momentum. Compared to younger persons, older persons require additional muscle coordination to stabilize posture after standing-up in order to avoid falling.

scholarly journals Coverage of non-receipt of cash transfer (Livelihood Empowerment Against Poverty) and associated factors among older persons in the Mampong Municipality, Ghana – a quantitative analysis

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Doris Ottie-Boakye
Keyword(s):  
Associated Factors ◽  
Older Persons ◽  
Formal Education ◽  
Social Protection ◽  
Well Being ◽  
Cash Transfer ◽  
Persons With Disabilities ◽  
Adjusted Model ◽  
The Impact ◽  
Cash Grant

Abstract Background Social assistance in the form of cash transfer or in-kind has been recognised as a social protection strategy in many developing countries to tackle poverty and provide protection for individuals and households. Ghana’s cash grant programme, Livelihood Empowerment Against Poverty (LEAP), was introduced in 2008 to support selected households with vulnerable persons including older people 65 years and above, and persons with disabilities. This paper examined the coverage of non-receipt of LEAP, and the associated factors among older persons (65+ years) in the Mampong Municipality, Ghana. Methods Data were extracted from the Ageing, Social Protection and Health Systems (ASPHS) survey carried out between September 2017 and October 2017 among older persons residing in LEAP-targeted communities. Data were analysed using descriptive and sequential logistic regression model techniques. Results The mean age of respondents was 77.0 years and 62.3% were females. Rural residents constituted 59.0%. About 42.0% had no formal education and only 20.5% had no form of caregiving. Non-receipt of LEAP was 82.7% among study respondents. The fully adjusted model showed that being married (AOR = 3.406, CI 1.127–10.290), residing in an urban location (AOR = 3.855, CI 1.752–8.484), having attained primary level of education (AOR = 0.246, CI 0.094–0.642), and not residing in the same household with a primary caregiver (AOR = 6.088, CI 1.814–20.428) were significantly associated with non-receipt of cash grant among older persons. Conclusion These results provide the first quantitative estimates of non-receipt coverage and its associated factors with the LEAP programme, which can inform the design of government policies related to cash transfers for older persons. The need for further research using different approaches to understand and explain the impact of cash grants on older persons’ well-being is crucial in strengthening old age social support care mechanisms in Ghana.

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