ABSTRACT
Despite variations in definition, elders (also known as older adults) are frequently defined as individuals aged sixty years and older. Elders are characterised by having a higher risk for developing chronic illnesses, cognitive impairments, and related disabilities. In addition, they traditionally hold a disproportionate amount of wealth and assets compared to younger groups. As such, elders represent a unique cohort, and the reasons elders typically come in contact with civil courts differ greatly from those who are younger. In the United States, situations in which elders are involved in civil court most commonly include assessments of decision-making capacities and elder abuse. Capacity refers to an individual’s ability to make a particular decision at a specific time or in a specific situation. Maintaining the ability to make independent decisions through older age is of prime and growing importance. Assessments of decisional capacity related to executing a will, managing finances, and independent decision-making are frequently encountered in this group. Although not typically thought of in the context of civil law, the capacity to consent to treatment and research, and the ability to maintain driving privileges are also particularly relevant to older adults. Another area of growing concern is elder abuse. Current estimates suggest elder abuse affects an estimated one in ten people aged sixty and older, and that for every reported case of elder abuse there are approximately twenty-three cases that have not been detected. A particularly significant area of elder abuse is financial exploitation. There are some indications that financial exploitation is the most common form of elder abuse, with older adults losing billions of dollars every year as a result of financial abuse and fraud. For these reasons and more, it is likely that older adults will experience increasing contact with civil law, primarily in the context of decisional capacity and elder abuse.
