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Elder Protection Resources

Manual

Manual: Legal Framework for North Carolina’s Elder Protection System

This manual, the Legal Framework for North Carolina’s Elder Protection System (Legal Framework), is intended to serve as the foundation for the online Elder Protection Network.

MDT Tools

Worksheets and other materials to help support the creation and operation of a multidisciplinary team.

What Do We Want Our MDT to Be? Worksheet

A worksheet for multidisciplinary teams to use to develop mission and vision statements, to set goals, and to plan next steps.

MDT Self-Assessment

A worksheet for multidisciplinary teams to use to assess collaborative efforts and to identify community needs and stakeholder limitations.

MDT Initial Planning Worksheet

A worksheet to assist professionals interested in creating or growing a multidisciplinary team with initial planning for the MDT.

MDT Information-Sharing

A list of ten things to remember about information-sharing when participating on a multidisciplinary team.

Quick References

Shorter legal summaries designed to synthesize more complex concepts described in the manual.

Quick Reference: Information-Sharing in Elder Abuse Cases

A summary of key confidentiality laws that apply when different components of the elder protection system want to share information with one another.

Tool - EA Info Sharing Cover Image

Quick Reference: Legal Framework for the Role of Financial Institutions in Elder Protection

A summary of key laws that govern the role of North Carolina financial institutions in reporting exploitation, sharing information with other components of the elder protection system, and freezing assets of older adults and criminal defendants.

Quick Reference: Reporting Elder Abuse

A summary overview of several laws that require reporting related to suspected abuse, neglect, and exploitation of older adults, including more detailed information regarding specific reporting requirements applicable to employees and volunteers in mental health, developmental disability, and substance abuse facilities.

Quick Reference: Alternatives to Guardianship

A brief overview of legal and practical alternatives to guardianship of the person and of the estate that empower surrogate decision makers to act on an older adult’s behalf.

Quick Reference: Examples of Private Civil Actions Related to Elder Abuse

Case studies excerpted from The Legal Framework (Chapter 6) intended to illustrate some of the potential civil actions an older adult or the adult’s representative may consider pursuing in situations involving elder abuse.

Reference Lists

Area Agencies on Aging

Contact information for the regional agencies that provide support services for older adults in their communities and also house the long-term care ombudsman program.

Comparing N.C. Laws on Residents’ Bill of Rights

Comparison of the state laws that specify a “bill of rights” for residents in adult care homes and nursing homes.

Tool - LTC Bill of Rights Cover Image

Crimes that May be Implicated in Elder Abuse Cases

A list of some of the crimes that may be charged in cases involving elder abuse, including statutory citations and a summary of the elements of the crime.

Which State Agency Should an Older Adult Call for Assistance?

A summary table that includes contact information for several key state agencies involved with elder abuse.

Flowcharts and Other Tools

Public Brochure

A brochure for clerks and other professionals to use to educate members of the public on identifying and responding to elder abuse. The brochure contains a fillable form into which users can insert local contact information. To print as a foldable brochure, choose the option to “print on both sides of paper” and to “flip on short edge” options from your printer’s settings.

Power of Attorney Termination Flow Chart

A chart that provides guidance on terminating a power of attorney (POA) and obtaining information from an agent under a POA after the appointment of a guardian for an incompetent older adult.

Tool - POA Flowchart Cover Image

Bench Card: Preventing, Identifying, and Responding to Elder Abuse in Incompetency and Adult Guardianship Cases

This bench card is intended to help clerks of superior court prevent, identify, and respond to elder abuse in incompetency and adult guardianship cases where the clerk is the presiding judicial official.

Roadmap to Elder Protection

This primer illustrates some of the connections and workflows that can exist in North Carolina’s elder protection system. This is not a comprehensive review of every possible action, option, or remedy available to help older adults who are victims of abuse, neglect, or exploitation.

Roadmap Booklet Cover Image

Techniques and Tips for Interviewing Older Adults

A summary of some techniques to consider when interviewing older adults in connection with elder abuse cases and links to additional resources.

Resources for Guardians

Descriptions of several resources to help guardians better understand the responsibilities, importance, and scope of their role.

Adult Protective Services: Process Overview

A high level overview of the APS process, beginning with a report of abuse, neglect, or exploitation to the county social services agency.

Guardianship: Overview of the Court Procedure to Appoint a Guardian for an Incompetent Adult

Overview of the Court Procedure for Appointing a Guardian for an Incompetent Person: A step-by-step review of the process that must be followed by the court when appointing a guardian for an incompetent person, beginning with the filing of a petition. Includes references to relevant AOC forms.

Resources for Older Adults Who Wish to Pursue Civil Remedies

Information to help guide older adults pursue civil remedies, including links and contact information.

SOG Blogs

On the Civil Side

Relevant posts are included under the categories on the blog’s web page, such as posts on guardianship, powers of attorney, social services, and domestic violence. Please feel free to subscribe to this blog by clicking the "Read Now" button; on the blog there is a "Subscribe" box in the right hand sidebar.

Coates’ Canons

Relevant posts will likely be included under the social services category on this blog’s web page. Please feel free to subscribe to this blog by clicking the "Read Now" button; on the blog there is a "Subscribe" box at the top of the right hand sidebar.

North Carolina Criminal Law

Searching with keywords such as "financial exploitation" and "assault" can be helpful in identifying relevant posts. Please feel free to subscribe to this blog by clicking the "Read Now" button; on the blog there is a "Subscribe" box in the right hand sidebar under the search box.