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Perplexing ethical questions emerge when conducting research involving older adult participants. Fundamental ethical concerns often grappled with include the ability to obtain truly voluntary and competent informed consent, the proper role of surrogate decision making in the research context, and the equitable selection of research subjects. This volume brings to the forefront a discussion of how to encourage essential research specifically designed to benefit older persons while protecting the legal and ethical rights of actual and potential older research participants. Highly qualified and diverse contributors analyze and explain some of the most salient and legal conundrums implicated in the design, conduct, interpretation, and application of research protocols that touch on these problems of aging and the aged.
Although the topic of decision making capacity and older persons has been discussed in the literature, there still is much to be learned about it theoretically and practically. Experts continue to disagree about which standards are important for assessing decision making capacity. Questions such as: ìWhen should a capacity assessment be done on an older person and by whom?î are covered by the editors. Topics included in this volume are the application of an original framework for ethical decision making in long term care; an elder's capacity to decide to remain living alone in the community; the quest for helpful standardized instruments for evaluating decision making capacity; and end-of-life liability issues.
This book discusses both the real and perceived legal liability context within which health and human service delivery to older persons takes place. The benefits and costs of litigious, legislative, and regulatory interventions on the quality of care and the quality of life for recipients of geriatric services is evaluated.
We are now engaged in a movement that de-emphasizes the reliance on institutional forms of long-term care for disabled persons needing ongoing daily living assistance and converges on the use of non-institutional service providers abnd residential settings. In this latest edition of Ethics, Law and Aging Review , Kapp and ten expert contributors help us examine the forces and potential for changeing the long-term care industry (both positively and negatively) and address this paradigm shift from the inpersonal, public psychiatric institutions of the 1960s and 1970s to the present-day assisted living environments that have been fueled by economic, social, polictical, and legal forces. Most important ly, this volume identifies obstaclesto change and enlighten service providers, advocates, and key policy makers to the pitfalls that can largely interfere with positive outcomes as a result of long-term care deinstitutionalization. Topics explored include: Community-based alternatives for older adults with serious mental illness Failing consumer-directed alternatives to nursing homes Ethics of Medicare privatization
Since the late 1970s when Congressman Claude Pepper held widely publicized hearings on the mistreatment of the elderly, policy makers and practitioners have sought ways to protect older Americans from physical, psychological, and financial abuse. Yet, during the last 20 years fewer than 50 articles have addressed the shameful problem that abusersâ€"and sometimes the abused themselvesâ€"want to conceal. Elder Mistreatment in an Aging America takes a giant step toward broadening our understanding of the mistreatment of the elderly and recommends specific research and funding strategies that can be used to deepen it. The book includes a discussion of the conceptual, methodological, and logistical issues needed to create a solid research base as well as the ethical concerns that must be considered when working with older subjects. It also looks at problems in determination of a report's reliability and the role of physicians, EMTs, and others who are among the first to recognize situations of mistreatment. Elder Mistreatment in an Aging America will be of interest to anyone concerned about the elderly and ways to intervene when abuse is suspected, including family members, caregivers, and advocates for the elderly. It will also be of interest to researchers, research sponsors, and policy makers who need to know how to advance our knowledge of this problem.
"Ethics, Aging and Society...is the first major work in ten years to critically address issues and methodologies in aging and ethics...This well-organized volume begins theoretically and offers new ways of thinking about ethics that can handle the complexities and realities of aging in particular social contexts."--Choice "This new research-based book, by experts in the field of ethics, is excellent and much-needed...I challenge you toconsider reading this book and seeing all the ways in which you might be forced to rethink things that most of us take as given for ethics and aging. I know you will not be disappointed and I guarantee you will end up thinking long and hard about personal and professional decisions you may have made as well as your assumptions about aging in America."--CFLE Network Newsletter (National Council on Family Relations) "This is a book that should be required reading for all involved in the ethical provision of services to the aging on any level, as well as for policy makers and administrators in positions of influence over the lives of older patients."--PsycCRITIQUES "...the authors' application of feminist ethics to frail elders rings true to both my clinical experience working with frail elders, and my research experience trying to understand their quality of life concerns...there were true gems of ideas [in this book] that illuminated the limitations of the dominant paradigm of autonomy in bioethics. [The authors] make a compelling critique of end-of-life care."--GeriPal: A Geriatrics and Palliative Care Blog This book presents second generation issues in ethics, aging, and society by presenting critical outcomes that arise when ethics is applied to the practical concerns that occur in day-to-day elder care. The first volume in over 10 years to address ethics and gerontology, it is unparalleled in its comprehensiveness and integration of well-developed philosophical arguments with empirical research, humanistic scholarship, and insights gained from practical experience. This book challenges the tried and true approaches to ethical issues in aging and opens avenues for creative problem-solving. The authors' diverse backgrounds bring the advantages of both interdisciplinary scholarship and practical experience to this comprehensive textbook. It is an essential resource for those interested in, and working with, older people, from upper-level undergraduate students and graduate-division students, to gerontology practitioners in training. Key Features: Presents the first major work in over 10 years to integrate the disciplines of ethics and aging Includes case studies derived from day-to-day practice Addresses individual/clinical ethics in health and long-term care and ethical issues raised by public policy, cultural norms and social attitudes Examines such critical issues as Alzheimer's disease, long-term care, ageism, public policy, anti-aging medicine, elder abuse, and natural disasters Explores new directions in ethical and social philosophy as they pertain to gerontology and care
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Ethical issues can occur at any point when representing elderly clients. Offering clear guidance on the most common issues, this book offers a framework for recognizing and analyzing the situation. The authors, both authorities in elder law, discuss the most common ethical situations and how to anticipate and address them. The book presents hypothetical situations, followed by opening questions and advice on analyzing and responding to the issue, and explains the questions to ask based on the 9 ""C's"" of elder law ethics.
Winner of an AJN Book of the Year Award! Nursing homes are rich repositories of data, yet are underutilized for controlled research studies. This book is a hands-on guide to conducting long-term care research in both nursing homes and home care settings. It offers an overview of possible research in the field along with practical information on how to gain access to and work with complex institutions that may not welcome change. The author also suggests the most effective research methodology for long-term care settings, and how to implement and disseminate successful research.