ch 31 - common legal and ethical issues Flashcards
(39 cards)
conditions/circumstances that result in a higher than usual responsibility of HCPs to ensure consent is informed (7)
- impaired sensory functioning
- low educational level
- low/limited health literacy
- low literacy of any kind
- questionable cognitive status
- complex procedure (surgery of any kind)
- participation in research
examples of representatives for advanced care planning
- power of attorney
- health care proxy
- guardians and conservators
legal rep: Legally appointed to act on behalf of another
in ways specifically indicated in a legal document
power of attorney
legal rep: Authority to act on a person’s behalf when he or she has lost capacity to make decisions and
has not documented what he or she wants
health care proxy
legal rep: Individual, agencies, or corporations appointed to take care, custody, and control of an incapacitated person and assure needs are met
guardians and conservators
purpose of power of attorney
- general POA for business
- durable POA for medical decisions
- made in advance of need
purpose of health care proxy
-how decisions are made when pt is incapacitated or POA hasn’t been selected
purpose of conservator
manage finances
purpose of guardians of the person
- helps incapacitated person make decisions
- ensures pt safety and wellbeing
- can provide consent for pt
people who are more likely to abuse/neglect
- family member
- one with mental/emotional illnesses
- abuser of alcohol/substances
- h/o family violence
- cultural acceptance of interpersonal violence
- caregiver frustration
- social isolation
- impaired impulse control of caregiver
people who are more likely to be abused/neglected
- cognitively impaired
- dependent on abuser
- physically/mentally frail
- abused caregiver in earlier life
- women living alone or in household with family
- h/o being abused
- behavior considered aggressive, demanding or unappreciative
- living in institutional setting
- feels deserving of abuse due to personal inadequacies
types of abuse of older adult (7)
- physical
- sexual
- psychological
- medical
- financial
- discrimination
- abandonment
type of abuse: physical force that results in threat of or infliction of bodily injury, physical pain, or impairment
physical abuse
type of abuse: nonconsensual sexual contact of any kind
sexual abuse
type of abuse: inflict of anguish, pain, of distress through verbal or nonverbal acts, including intimidation or enforced social isolation
psychological abuse
type of abuse: subjecting person to unwanted medical Tx or procedures
medical abuse
type of abuse: illegal or improper use of another’s funds, property or assets
financial abuse
type of abuse: illegal cultural or social behaviors that are demeaning, belittling, or withholding of full rights to persons, especially those at risk of physical, emotional, or sexual abuse
discrimination
type of abuse: desertion of person by individual who had assumed responsibility for providing care or assistance
abandonment
factors increasing risk of elder abuse (6)
- cultural/societal tolerance violence, especially against women
- shame and embarrassment
- fear of retaliation
- fear of institutionalization
- social isolation
- unacceptability of emotional expression, especially fear or distress
latino cultural variations increasing risk for abuse/neglect
- expectation of men to neglect self on behalf of others if necessary
- role expectation of women to tolerate abuse and focus on service of others
- need to protect family of shame
- emphases on family instead of outsiders
- extreme level of guilt if not able to provide care to older members of family
asian/pacific islander cultural variations increasing risk for abuse/neglect
- ability to endure violence as symbol of strength and honor
- not familiar with terms of abuse
- psychological abuse considered worst type of abuse
- strong belief of duty to care for parents may result in excessive burdens
- unacceptability to express emotions
chinese cultural variations increasing risk for abuse/neglect
- must be kept in family
- disrespect biggest form of mistreatment
- cultural disparities in expectations between younger and older adults
asian indian cultural variations increasing risk for abuse/neglect
- children leaving family home may be considered elder abandonment
- oldest son handles all finances
- physical abuse uncommon as old age is respected
