Retirement. Travel. Grandchildren. There are many joys we may look forward to as we age. However, the possibility of decline in physical health, cognition, mobility and independence can cause numerous legal and ethical issues that older adults, their families, physicians, caregivers and sometimes society itself must confront. Let’s review a few of them now.
Legal and Ethical Issues Commonly Impacting Older Adults
End-of-Life and Care Decision-Making
Perhaps the most legally and ethically complex issues in aging are end-of-life and care decisions. Should a geriatric patient in a vegetative state be removed from life support when there’s little or no chance of recovery and no advance directive or informed consent to guide healthcare providers and relatives?
Should doctors continue to provide treatments that may extend life, though not necessarily quality of life, for an incapacitated or disinclined older patient with no relatives or proxy? Further, if an elderly patient does have an advance directive but their relatives contest it, what should their healthcare providers do?
The Patient Self-Determination Act requires healthcare providers to follow state laws when interpreting advance directives. However, if a hospital employee claims a religious or moral objection to following an advance directive, it can complicate the legal situation.
Abuse and Neglect
Older adults can be vulnerable to physical and emotional abuse from strangers, caregivers or family members. They also may suffer neglect when responsible parties fail to meet their daily needs and any special care requirements. Unscrupulous individuals may outright steal items or money from them or convince them to hand over money for the older person’s alleged benefit.
The Elder Justice Act, a component of the Affordable Care Act, helps protect older adults from abuse and neglect and provides penalties for individuals who fail to report such incidents and those who retaliate against whistleblowers.
Slip and Fall
Who is legally responsible when an older adult injures themselves in a fall? The answer is not clear-cut, as it varies by location. In many states, a facility administrator, property manager or owner can be held liable. However, Florida (the state with the highest population of older adults outside California) puts a high burden of proof on the plaintiff.
Similar cases at the federal level are covered under the Federal Tort Claims Act.
Autonomy and Safety
An ill or frail older person may refuse to give up their home and enter a nursing home or assisted living facility. This often occurs when they need a greater level of care than their family can or is willing to provide. Some may refuse to use a cane, walker or wheelchair when mobility becomes an issue. Can these seniors be forced to comply?
If there simply is no other choice for an older adult’s care, a court may appoint a legal guardian or conservator to make those decisions for them.
Surveillance and Monitoring
Though they may be deemed critical to the health and well-being of an older person, surveillance and monitoring tools present issues for those unwilling or unable to consent.
The Federal Nursing Home Reform Act and various state laws govern where and how an individual can be monitored. All monitoring devices fall under HIPAA (Health Insurance Portability and Accountability Act).
Asset Control and Allocation
An older adult may wish to bequeath their assets to specific individuals or organizations. Wills, trusts and powers of attorney enable them to establish how these are to be handled when they are of sound mind. Important legal documents can still be contested in court, rewritten or mismanaged by interested parties.
Ageism and Discrimination
Not all issues in aging relate to those who cannot advocate or care for themselves. Older adults may experience discrimination in employment, whether that’s being terminated or forced to retire from their current role or being overlooked or paid less for a new role. They may also be subjected to unwelcome ageist jokes and comments in the workplace and beyond.
The Age Discrimination in Employment Act gives limited protection to older adults.
Make a Positive Impact on the Lives of Older Adults
While there’s no easy solution to many legal and ethical issues in aging, you can do your part to protect the health and interests of older adults by providing the highest quality of care and respect. The University of Florida created LCME-accredited online graduate programs in aging to offer you such opportunities. You can work in a diverse range of rewarding professional roles when equipped with any of these credentials:
- Online Master’s Degree in Innovative Aging Studies (30 credits)
- Online Master’s Degree in Medical Physiology and Aging (30 credits)
- Online Graduate Certificate in Aging and Geriatric Practice (15 credits)
No GRE or clinical experience is required for admission to these UF programs. As a student, you’ll:
- Learn from distinguished researchers and academics.
- Complete coursework from any location, at your pace.
- Enjoy affordable tuition rates.
- Build a stronger medical school application.
- Earn a respected graduate credential without submitting a thesis.
- Finish your program in as little as one year.
Get more information and apply today!
Sources:
https://1800lionlaw.com/negligence-laws-by-state-in-the-united-states/
https://crsreports.congress.gov/product/pdf/IF/IF10237/6
https://www.epa.gov/ogc/federal-tort-claims-act-ftca
https://www.congress.gov/bill/101st-congress/house-bill/4449
https://acl.gov/about-acl/elder-justice-act
https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967