This article outlines the subject of protective measures applied to safeguard the legitimate interests of elderly persons under the civil law system, as illustrated by regulations selected from ...European legal systems. With the ageing of societies come all the associated health consequences; therefore, it is necessary to introduce modern legislation to regulate this issue so that the rights of elderly persons, including their human rights, be protected. Decisive efforts should be made to discontinue the institution of incapacitation which is discriminatory against elderly persons involved in civil law transactions, and to replace it with a modern protective system.
Having in mind demographic trends and especially growing number of the population in the old age, it is very important that family law deals with the needs of the vulnerable adults. In 2021 in Serbia ...the percentage of the population aged 65 and older is 21.3%. The number of users in Centres for social work that are deprived of 'transactional' ('contractual') capacity is growing (in 2017 13.075 persons are deprived of the 'transactional' ('contractual') capacity. Having in mind UN Convention on the Rights of Persons with Disabilities (Serbia has ratified the Convention in 2009) in this paper authors analyse legal changes in the procedural law which aim is protection and empowerment of vulnerable adults in Serbian law. One solution is limitation of the deprivation of 'transactional' ('contractual') capacity in a way that the decision is to be to reexamine in the period of maximum three years (Law on Non-Contentious Proceedings amendments 2014). Other solution is the obligation of the court to define legal operations which the person deprived of the capacity can undertake by himself/herself and especially if this person can exercise his/her elective right (Law on Non-Contentious Proceedings amendments 2022). The authors analyse proposed legal changes in the family law which aim is to empower vulnerable adults. The recent Draft Law on Amendments to Family Act empowers vulnerable adults in the several ways. It is proposed to abandon the existing institution of "deprivation of legal capacity" and to keep only the institution of the "limitation of legal capacity". It is proposed that court in the decision on limitation of 'transactional' ('contractual') capacity should determine the legal operations that a person partially deprived of capacity may not undertake independently. The Draft Law on Amendments to Family Act adds the legal acts to legal operations which the person deprived of capacity may undertake. This solution empowers vulnerable adults giving them wider circle of independent rights. It is proposed that the guardianship authority is obliged to protect the dignity and well-being of the ward; try to limit the rights of the ward as little as possible; encourage the ward's independent decision-making; provide him/her support in decision-making, as well as the participation in community life; take into account all the specifics of the ward's personality and accept his decisions, opinions, wishes, and attitudes, unless it is in conflict with the welfare of the ward. In addition, it is proposed to stipulate the guardian's obligation to make sure that the adult ward receives all the information on issues that concern him/her in a timely manner and to take into account in the utmost extent possible the ward's decisions, opinion, wishes and attitudes when performing the guardian's duties.
El presente artículo analiza la Propuesta de la Comisión Europea de un Reglamento
sobre la protección de los adultos vulnerables en situaciones transfronterizas. En la actualidad, en la Unión Europea ...encontramos un panorama de fragmentación y diversidad normativa en relación con la protección de adultos vulnerables, tanto en las normas sustantivas como en las normas de Derecho Internacional privado. Con una ambiciosa apuesta de combinar un nuevo Reglamento con el ya existente Convenio de La Haya del 2000 sobre protección internacional de adultos vulnerables, el legislador de la UE pretende hacer frente a la actual inseguridad jurídica a la que se ven abocados los adultos vulnerables en situaciones transfronterizas, ofreciendo una armonización que redunde en adecuada protección de sus derechos fundamentales en el seno de la Unión.
Adults in socially vulnerable positions can benefit from participation in community sports programs. However, there is a lack of knowledge about the effective elements of these programs. To identify ...these elements, we consulted three groups of stakeholders: social sports coaches, program coordinators, and social workers. The effective elements were systematically arranged by means of group concept mapping (GCM), a mixed-methods approach for organizing thoughts. The social sports coaches (n = 14) mentioned 152 effective elements, the program coordinators (n = 5) mentioned 81 effective elements and the social workers (n = 8) mentioned 115 effective elements. Overlapping effective elements were mentioned by all three stakeholder groups, such as the role of the social sports coach, a safe sports climate, and structure of sports programs. However, the sport-specific knowledge and skills of coaches were mentioned only by program coordinators. Moreover, only the social workers provided elements that were protective in nature, such as not overburdening the participants. Average importance scores differed for these elements within groups and between groups. In conclusion, various effective elements were deemed necessary for community sports programs to be successful. Moreover, GCM appeared a successful tool to systematically identify effective elements of an intervention from the perspective of relevant stakeholders.
•The social sports coach is vital for successful community sports programs.•Community sports programs should have a safe and positive learning environment.•Program participants should be encouraged to work on personal goals.•Close collaboration with external partners is essential for program continuity.•Group concept mapping is useful to systematically gather data from expert groups.
Vulnerable individuals frequently come into contact with the criminal justice system with those with mental health disorders over-represented in custody. Therefore, it is crucial to identify ...vulnerability in order to ensure the appropriate safeguards can be put in place. Research has documented that this is problematic and can be influenced by a number of factors. The current study, therefore, aimed to understand how custody officers in England and Wales made sense of different types of information presented to them, the impact that it had on their initial disposal option and whether there was a difference in police force area. Six case scenario vignettes containing different types of vulnerability were developed and disseminated. A total of 237 custody officers from 25 police forces participated. Results highlighted that custody officers were more likely to obtain a mental health assessment in all case scenarios, except if the individual displayed comprehension difficulties – custody officers would instead seek to implement the services of an Appropriate Adult. In addition, differences between police force areas were observed. Police forces in the North of England were the least likely to obtain the assistance of an Appropriate Adult when presented with a vulnerable suspect compared to other police force areas. This suggests fundamental differences in the disposal options preferred between police force areas and has implications for the treatment of vulnerable individuals in police custody.
•A vignette study found differences in treatment of vulnerable suspects in custody.•Custody officers obtain mental health assessments unless comprehension difficulties.•An Appropriate Adult is sought for vulnerable suspects if comprehension difficulties.•Different disposal options preferred in custody between police force areas.•Appropriate Adults used less with vulnerable suspects in the North of England.
Aim
To examine the role of Adult Protective Services' (APS's) nurses in helping abused, neglected and exploited older people, this study investigated how nurses' contribution differs from social ...workers. Though the majority of APS' workforce is staffed by social workers, some programmes also employ nurses.
Design
Secondary data analysis using convergent parallel mixed‐method design was conducted.
Methods
Using survey data from the National Adult Protective Services Association, 99 nurses' responses between October 2014 and August 2015 were analysed to examine their agency characteristics, training and qualities, job responsibilities and interprofessional collaboration.
Results
The majority of nurses work with social workers or other professionals using a multidisciplinary team (MDT) approach. Among those carrying a caseload, 69% (49 out of 71) of nurses work in conjunction with social workers. Out of all nurses, 64% (63 out of 99) indicated participation in at least one MDT. While the responsibilities nurses provided were similar to social workers, nurses were also able to provide healthcare related services, in their professional competencies, without referral.
Conclusion
Nurses in APS are in a privileged position to investigate mistreatment and provide/coordinate direct care for victims.
Impact
Not much was known about nurses who directly investigate elder mistreatment and provide services to victims. This study was the first to highlight the nursing workforce in APS, and described the nurses' unique contribution to the field. Nurses functioned as both social workers and healthcare professionals in APS. Since victims of elder mistreatment often suffer from negative physical, psychological and social consequences, having nurses in APS benefits victims to receive and the programmes in providing better care and services.
Missing persons incidents incur considerable societal costs but research has overwhelmingly concentrated on missing children. Understanding the phenomenon among adults is underdeveloped as a result. ...We conducted an evolutionary concept analysis of the 'missing person' in relation to adults. Evolutionary concept analysis provides a structured narrative review methodology which aims to clarify how poorly defined phenomena have been discussed in the professional/academic literature in order to promote conceptual clarity and provide building blocks for future theoretical development. A systematic literature search identified k = 73 relevant papers from which surrogate terms for, and antecedents, consequences, and attributes of the occurrence of adult missing persons were extracted and analysed. The core attributes of the adult missing person are (i) actual or perceived unexpected or unwanted absence accompanied by an absence of information and (ii) a potential adverse risk outcome as perceived by those left behind. The centrality of mental ill-health in actual adult missing persons cases is not reflected in theoretical development which largely comprises descriptive typologies of variable quality and questionable utility. There is a clear need to shift research emphasis towards clinical and psychological domains of inquiry in order to further advance the field of adult missing persons research.
Over the past decade, an emerging practice in Adult Protective Services (APS) agencies is to include neuropsychological assessment as part of a multidisciplinary team approach to assessment and ...intervention. Yet, little empirical research exists examining this approach. Between July 2010 and May 2020, 231 (0.01%) of 25,309 opened APS cases were referred to the Rapid Response Expert Team (RRET) for neuropsychological evaluation of decision-making capacity. Ninety-four percent of these individuals were diagnosed with a neurocognitive disorder. Etiologies were primarily (77.1%) dementia(s). Self-neglect and financial abuses were the most prevalent confirmed allegations, consistent with prior research. Cases referred to the RRET neuropsychologists, compared with cases that were not referred, had a greater total number of allegations, precursor risk factors, biological, psychological, and social indicators at initial evaluation by APS, and utilized a larger number of resources (interventions). The RRET neuropsychological evaluation was shown to provide additional and unique information predictive of functional outcomes to assist APS social workers in identifying interventions and allocation of resources. Specifically, executive functions, language, and learning and memory impairments were significant contributors to functional outcomes. Neuropsychological assessment appears to add to and advance the conceptualization of an individual's functioning and intervention needs for APS. This knowledge will aid in demonstrating the importance of this model of practice at the individual level and in evolving county policy, resource allocation, and staff continuing education.
Public Significance Statement
This study suggests that individuals referred by Adult Protective Services (APS) for neuropsychological assessment of decision-making capacity had a greater severity of mistreatment indicators at initial evaluation by APS and utilized a larger number of resources (interventions). Neuropsychological evaluation indicated executive functions, language, and learning and memory impairments were significant contributors to functional outcomes. Neuropsychology consultation is likely to benefit suspected victims of elder and dependent adult abuse as well as APS agencies in their goal of examining intervention needs and improving case outcomes.
This paper examines vulnerability and risk perception in the fear of crime. Past studies have often treated gender and age as proxies for vulnerability, and on the few occasions that vulnerability ...has been operationalized, there has been little agreement on the mechanisms that underpin perceived susceptibility. To develop a more theoretically-driven approach, the current study examines whether markers of vulnerability are associated with higher levels of fear through mediating assessments of likelihood, control and consequence. Females are found to worry more frequently than males partly because (a) they feel less able to physically defend themselves, (b) they have lower perceived self-efficacy, (c) they have higher perceived negative impact, and (d) they see the likelihood of victimization as higher for themselves and for their social group. Younger people are also found to worry more frequently than older people, but differential vulnerability does not explain this association. Finally, structural equation modelling shows that the effects on worry of physical defence capabilities, self-efficacy and perceived consequence are mostly mediated through judgements of absolute and relative risk. Conclusions focus on the implications of this finding for debates about the rationality of the fear of crime.
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