Legal Aspects of Elder Care

by Marshall B. Kapp

Overview

A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and political issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.

Product Details

ISBN-13:	9780763756321
Publisher:	Jones & Bartlett Learning
Publication date:	03/02/2009
Edition description:	1E
Pages:	356
Product dimensions:	6.20(w) x 9.10(h) x 1.00(d)

About the Author

Marshall Kapp, J.D., M.P.H., FCLM,'is the Director of the new Center for Innovative Collaboration in Medicine & Law at Florida State University.' He also is Professor Emeritus from Wright State University School of Medicine and served for over 20 years as a member of the adjunct faculty at the University of Dayton School of Law.' He is the current Editor of the American College of Legal Medicine’s Journal of Legal Medicine and serves on the editorial boards of several other major journals in the health law field.' Professor Kapp is the recipient of the Gerontological Society of America’s 2003 Donald P. Kent Award for exemplifying the highest standards for professional leadership in gerontology through teaching, service, and interpretation of gerontology to the larger society. He has published and spoken extensively on topics in health law, medical ethics, and law and aging.

Table of Contents

Preface
Chapter 1 Introduction
Chapter 2 The Right to Make Decisions: Informed Consent and Refusal
Chapter 3 Legal Aspects of Death and Dying
Chapter 4 Legal Interventions for Incapacitated Older Persons
Chapter 5 Regulation and Financing of Geriatric Services and Settings
Chapter 6 Older Individuals and the Right to Privacy
Chapter 7 Research Part icipation and Older Persons
Chapter 8 Family Law Issue s and Older Persons
Chapter 9 Protection of Older Consumers
Chapter 10 Age Discrimination and the Law

Editorial Reviews

Reviewer: David O. Staats, MD (University of Oklahoma Health Sciences Center)
Description: This single-authored review of law as it applies to older persons gives a comprehensive, overarching review of the intersection of geriatric care and the law. Interspersed are case studies and questions for discussions as well as boxes that summarize key points.
Purpose: The purpose is to inform and sensitize professionals who help older persons about current and potential emerging legal issues they may encounter in caring for them. This is so these professionals can deal intelligently with these legal issues and recognize the responsibilities they impose.
Audience: The author aims for a wide audience that includes students and practitioners of public policy and administration, social work, nursing, sociology, psychology, health and human services administration, philosophy, ethics, medicine, and criminal justice. Attorneys and clerics might also be added to this list. The author is a leading expert in the field and the book draws together and synthesizes much of his earlier writings.
Features: The book starts with an introduction to the nature of law, followed by chapters on informed consent, death and dying, and incapacitated elders. Then follow chapters on regulation and financing of geriatric services and settings, rights to privacy, research in older persons, family law, protection of older consumers, and, finally, age discrimination and the law. A very helpful introduction explains conventions in the citation of laws, regulations and cases at law — and where to find the books and journals that contain them. The points for discussion and case studies make this book an outstanding value as a textbook or a source for lectures, journal clubs, or seminars.
Assessment: This is a major contribution to the field. The organization and writing are lucid and clear. The case vignettes and discussion questions do not flinch from describing the messy, complex, real-world nature of the decisions and discussions clinicians and institutions face in caring for older persons and the conflicting values and emotions involved. Whether this excellent book is used as a teaching resource, a reference, or as a means of updating one's knowledge, this brilliant monograph will be read with pleasure by a wide swath of professionals caring for older persons. This is the magnum opus of an outstanding leader in the field.

Doody's Review Service

Reviewer: David O. Staats, MD(University of Oklahoma Health Sciences Center)
Description: This single-authored review of law as it applies to older persons gives a comprehensive, overarching review of the intersection of geriatric care and the law. Interspersed are case studies and questions for discussions as well as boxes that summarize key points.
Purpose: The purpose is to inform and sensitize professionals who help older persons about current and potential emerging legal issues they may encounter in caring for them. This is so these professionals can deal intelligently with these legal issues and recognize the responsibilities they impose.
Audience: The author aims for a wide audience that includes students and practitioners of public policy and administration, social work, nursing, sociology, psychology, health and human services administration, philosophy, ethics, medicine, and criminal justice. Attorneys and clerics might also be added to this list. The author is a leading expert in the field and the book draws together and synthesizes much of his earlier writings.
Features: The book starts with an introduction to the nature of law, followed by chapters on informed consent, death and dying, and incapacitated elders. Then follow chapters on regulation and financing of geriatric services and settings, rights to privacy, research in older persons, family law, protection of older consumers, and, finally, age discrimination and the law. A very helpful introduction explains conventions in the citation of laws, regulations and cases at law — and where to find the books and journals that contain them. The points for discussion and case studies make this book an outstanding value as a textbook or a source for lectures, journal clubs, or seminars.
Assessment: This is a major contribution to the field. The organization and writing are lucid and clear. The case vignettes and discussion questions do not flinch from describing the messy, complex, real-world nature of the decisions and discussions clinicians and institutions face in caring for older persons and the conflicting values and emotions involved. Whether this excellent book is used as a teaching resource, a reference, or as a means of updating one's knowledge, this brilliant monograph will be read with pleasure by a wide swath of professionals caring for older persons. This is the magnum opus of an outstanding leader in the field.