ABSTRACT

This chapter explores legislation, which outlines the rights of adults in law; secondly, legal perspectives on the experience of abuse in familial, residential and community settings are addressed, outlining the powers that are currently available; finally, the problems associated with the use of this framework are highlighted, with suggestions on how these can be addressed. There are a number of legislative processes available which can be utilised to respond to abuse or neglect of the older person. Financial abuse is considered to be the most common form of abuse and it certainly appears that, with the current legal situation, it is relatively easy to carry out. It is clear that, in circumstances where an individual is able to make a choice about intervention and chooses to refuse any help offered, those rights need to be respected. Therefore recourse to powers to remove the older person needs to be seriously considered before being utilised.