Hoarding & Elderly/Elder Issues
Some Legal Resources
 

 

 

elder
A study of elderly hoarders found that hoarding constituted a physical health threat to 81% of them, including threat of fire hazard, falling, unsanitary conditions, and inability to prepare food.
-Treatment of Compulsive Hoarding,Sanjaya Saxena, and Karron M. Maidment, Summer 2007

Resources for elderly recently shared with us by UCI Geriatrics' Center of Excellence on Elder Abuse and Neglect.  (Thank you!)
"The following resources may be of help for the children of hoarders:"

Legal:

Bazelon Center for Mental Health Law

Disability Rights Resource Guide

Legal Rights of Hoarders and Clutterers-MHA-San Francisco

Elder Law

Nolo.com: Nolo's mission is to make the legal system work for everyone -- not just lawyers. Free, timely information, articles and a searchable legal dictionary and encyclopedia

San Antonio Express-News/ January 7, 2003
Any Legal Way to Control Harm from Obsessive Hoarder?

Finding State Laws
A variety of resources exist that will enable you to research and obtain copies of state laws. Libraries and the Internet will be the most likely resources. If you are looking for the law of your own state, the public library in your community may have a set of statutes. If a law library near you is open to the public (check at the courthouse that serves your community or at a local law school), you will definitely be able to access the statutes there. If you want to find a law of another state, or if you have no access to statutes at any public or law libraries near you, then your best option is to search the Internet.

elder2Elder/Adult Protective Services:

National Center on Elder Abuse *(NCEA)
297 Graham Hall Newark, DE 19716 Phone: (302) 831-3525 Fax: (302) 831-4225
Email: ncea-info@aoa.hhs.gov
(Search their Promises Practices database to find agencies in your area)The NCEA web site has a wealth of information on elder abuse & related issues. It gives basic information as well on elder abuse, reporting statistics, new feature publication, clearinghouse on Abuse & Neglect of Elderly (CANE) & bi annual compilation of Adult Protective Services Data.
National Center on Elder Abuse articles: Elderly & Compulsive Hoarding

Adult Protective Services/Agencies on Aging

How Adult Protective Services Work:
In most states, APS caseworkers are the first responders to reports of abuse, neglect, and exploitation of vulnerable adults. Most APS programs serve both older and younger vulnerable adults. In some states, APS is responsible only for cases involving older adults (eligibility may be based on age, incapacity or vulnerability of the adult). A few APS programs serve only younger adults ages 18-59. How it usually works:


1. Report is made:

  • Someone suspects elder or vulnerable adult abuse, exploitation, or neglect.
  • Person calls an abuse hotline or state or local APS office to report suspicion.
  • If emergency, APS immediately forwards report to police or emergency medical staff.
  • If the report does not meet the APS target population as defined by state law, the caller will be given information and/or referral to an appropriate agency.
  • Report is assigned a priority response time based on the level of victim risk.
  • Report is assigned to APS staff for investigation.

2. Investigation:

  • APS staff makes contact with victim within state-regulated timeframe, depending on the reported urgency of the situation.
  • Caseworker assesses current victim risk factors.
  • Caseworker assesses victim's capacity to understand current risk and to give informed consent for further investigation and service provision.

3. Support

 

  • With the consent of the victim, APS caseworker develops service plan.
  • Services may be provided directly by caseworkers, through arrangements with other community resources, or purchased by APS on a short-term, emergency basis.
  • Victims of abuse, neglect, or exploitation may receive short-term services such as emergency shelter, home repair, meals, transportation, help with finanacial management, home health services, and medical and mental health services.
  • APS caseworker may continue to monitor service provision to assure that victim risk is reduced or eliminated.

4. If Services are Refused:

  • Victims who have the capacity to understand their circumstances have the right to refuse services, regardless of the level of risk.
  • In some states, competent adults have the right to refuse an APS investigation.
  • APS caseworker may refer victim to other resources.
  • Case is closed.



ELDERCARE LOCATOR
927 15th St. NW, 6th Fl.
National Assn. of Area Agencies on Aging
Washington, DC 20005
(800) 677-1116 Voice - M-F: 9am-8pm
(202) 296-8130 Voice
web:  www.eldercare.gov
AGENCY DESCRIPTION:  A service of the U.S. Administration on Aging, the Eldercare Locator links callers and website users with local area agencies on aging, state units on aging and other resources for older adults.

Articles:


Working With Individuals With Dementia Who Rummage and Hoard* (pdf)
By: Rosemary Bakker, MS, ASID-Weill Medical College of Cornell University.
Paulette Michaud, LMSW-Manager, Education & Training-Alzheimer's Association, NYC Chapter

Senior's Cluttering Issues*: ClutterLESS.org

Hoarding and Alzheimer's Disease-One Daughter's Story
Presented by Rosemary Bakker, Director of NYC Hoarding Task Force on Hoarding and Older Adults

Preventing Falls Among Older Adults
Center for Disease Control and Prevention

Fall Prevention Center of Excellence
Information for individuals and families

Authors
Steketee, G., Frost, R. & Kim, H.
Title
Journal
Health and Social Work
 
Vol. Number
Vol. 26 No. 3 p176-p184 August 2001
Abstract

Although compulsive hoarding has been publicized in recent years, little research has been conducted regarding this behavior in the elderly. This study was designed to observe how compulsive hoarding is manifested in the elderly, and to explore its impact upon functioning, as well as any relationship it may have with cognitive deficits and physical and psychological conditions. Thirty-six providers of home services to the elderly and eight public health officials were interviewed regarding forty-two cases of reported compulsive hoarding. Researchers hypothesized that information-processing and memory deficits would be present in compulsive hoarders. Findings did not support this; however, 44% of the hoarders appeared to have a mental illness, and nearly two-thirds demonstrated difficulty with self-care. For more than 80% of the hoarders, the clutter posed a physical threat to their safety.

 
File Number
P5991-4
Authors
Merck, J.
Title
Journal
Victimization of the Elderly and Disabled
Vol. Number
Vol. 7 No. 3 p35, 36, 44, 45 September/October 2004
Abstract
In this commentary, an adult protective services (APS) professional describes the lessons learned while dealing with an older, self-neglecting couple who were also compulsive hoarders. Through case study analysis, she examines the following themes: the need to balance protection with self-determination; the importance of multidimensional assessment which considers the interaction between environment, mental and physical health, and risk; the inadequacy of the current mental health system to deal with self-neglecting clients who are experiencing chronic problems as opposed to crisis; and the difficulty of defining successful outcomes in light of recidivism associated with compulsive hoarding. Lastly, she notes that any improvement in the quality of life of this couple was due to collaborative, interdisciplinary interventions.

Helpful Sites
-Pertaining to cargiving/elderly/what documents to gather on parents (checklists, etc.):

Quick Links
 State Hotlines
 Agencies on Aging
 News:Elder Related
 Nat.Ctr.Elder Abuse
 CAPS.org
 APS by state
 Elderly & Hoarding



Aging Parents and Elder Care site
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Sites with wide variety of informtn.
More helpful resources

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