Protective Services for the Elderly
Do We Deal Competently with Incompetence
Bibliographic Data
| ID | 6089807 |
|---|---|
| Authors | Patricia A Parmelee (0000-0002-0655-6478, corresponding author) |
| Year | 1980 |
| Volume | 2 |
| Issue | 4 |
| Pages | 397-419 |
| Publication date | 1980-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.1980.tb00223.x |
| OpenAlex | W2127486608 |
| Language | EN |
| References cited | 25 |
Protective services are conceptualized as legal safeguards for aged individuals who are incapable of prudent financial or personal self‐determination. Despite this protective intent, conservatorship, personal guardianship, and involuntary hospitalization may in fact work against elders' best interests as a result of their limitation of avenues for expressing autonomy and self‐worth. In this article, psychological theories of effectance or control are applied to analyzing the effects of protective legal intervention upon older persons. The rationale of parens patriae is examined in terms of its conceptual appropriateness for application to the aged; social and legal sources of bias in protective philosophy are enumerated and discussed. Statutes and procedural conventions governing competency and commitment cases are similarly evaluated, and found from an effectance‐theoretical perspective to pose substantial threats to older individuals' psychological and physical well‐being. Although recommended statutory and procedural revisions would be helpful in ameliorating these negative effects, they are not sufficient to eradicate them. A conceptual reanalysis not only of the courts' responsibility and role in caring for the infirm, but of social policy in general as it is presently applied to the elderly, is therefore recommended
Autonomy · Intervention (counseling · Legal guardian · Perspective (graphical · Political science · Psychiatry · Statute · Statutory law · Elder Abuse and Neglect · Homicide, Infanticide, and Child Abuse · Law · Legal principles and applications · Psychology · Social Psychology
Conflict, arousal, and curiosity.
Establishment of Diagnostic Validity in Psychiatric Illness
Ecology and the aging process.
Motivation reconsidered
Social Breakdown and Competence
The effects of choice and enhanced personal responsibility for the aged
The function of the illusions of control and freedom
Effects of control and predictability on the physical and psychological well-being of the institutionalized aged
Long-term effects of a control-relevant intervention with the institutionalized aged
Factors in the Personal Adjustment of Institutionalized and Non-Institutionalized Aged
The reliability of psychiatric diagnoses
The Dependencies of Old People
Commodity Form and Legal Form
The Effect of Legal Counsel on Admissions to a State Mental Hospital
Health and Social Factors Related to Life Satisfaction
| Citation velocity | historical |
|---|---|
| Highly cited | No |