1. Ten Tips for Implementing the ABA’s “Recommended Guidelines for Handling Cases Involving Elder Abuse” Lori A. Stiegel, J.D. Senior Attorney American Bar Association Commission on Law and Aging Copyright © American Bar Association, 2009. “Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse,” by Lori A. Stiegel 1995. Reprinted With permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

2. Tip 1: Educate Judges Topics should include: – Dynamics of elder abuse & family violence – Types of cases involving elder abuse – Decision-making capacity – Relevant state laws – Adult Protective Services & other social services – Case management issues – Crafting effective orders in elder abuse cases

3. Tip 2: Educate Court Staff Topics should include: – Dynamics of elder abuse & family violence – Types of cases involving elder abuse – Decision-making capacity – Adult Protective Services & other social services – Case management issues – Data collection regarding elder abuse cases

4. Tip 3: Encourage Education of Other Professionals Informed professionals develop better evidence for the court’s consideration Encourage the professionals who appear in court to learn more about the problem and the roles of the courts, other professionals, and their own role discipline

5. Tip 4: Accommodate Persons with Mental or Physical Impairments Consider whether the courthouse/courtroom is accessible Consider telephonic hearings or hearings outside the courthouse for homebound individuals Recognize that capacity may fluctuate and be flexible in scheduling case events

6. Tip 5: Implement Fair Case Management Practices Consider expediting elder abuse cases on the calendar Recognize delays may have a disparate impact on older parties and carefully consider requests for continuances Take steps to help older parties feel less fearful in court, as done in child abuse cases

7. Tip 6: Foster Intra-Court Coordination Develop systems enabling judges to learn about relevant cases in other court divisions Ensure that judges and court staff use those systems

8. Tip 7: Consider Special Courts or Calendars Learn from Alameda County, California’s “Elder Protection Court” Learn from other special courts or calendars Learn from ABA-COLA assessment of five “court-focused elder abuse initiatives” (2010) Consider other ways of developing judicial expertise

9. Tip 8: Help Coordinate and Support Community Resources Support development and continuation of coordinating council (CC), task force (TF), or multidisciplinary team (MDT) on elder abuse Lend support to existing CC, TF, or MDT Encourage existing domestic/family violence CC, TF, or MDT to include elder abuse

10. Tip 9: Develop Court-Based Services Implement training for newly-appointed guardians/conservators to help them: – Avoid committing elder abuse – Recognize & report elder abuse committed by others Develop or support services by victim advocates or court staff to help older persons understand and navigate the court process

11. Tip 10: Provide Information about Services to Older Litigants Learn about and obtain brochures from social service providers Share information about social services with older litigants

12. Resources and Links ABA Commission on Law and Aging Elder Abuse – “Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse” – “Elder Abuse in the State Courts: Three Curricula for Judges and Court Staff” National Center on Elder Abuse

13. Additional Information & Acknowledgements For additional tips, resources, and education, visit NCSC’s Center for Elders and the Courts.Center for Elders and the Courts This program was made possible through a generous grant from The Retirement Research Foundation. The Retirement Research Foundation