Law enforcement plays a critical and growing role in elder abuse cases. An important piece of evidence in these cases is the decision-making capacity of the older victim. For example, capacity is an element of consent and must be established in many cases of criminal elder abuse (see Law Enforcement: Building Stronger Cases with Elder Abuse Multidisciplinary Teams). However, decision-making capacity is a complex issue.

Every day the lives of older adults are profoundly and negatively impacted by both the criminal and civil justice systems’ mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. To raise greater awareness of these issues and improve how elder justice professionals approach these issues, the U.S. Department of Justice (DOJ) will be hosting the Elder Justice Decision-Making Capacity Symposium, a three-day virtual conference on April 19–21.

The symposium will highlight what we know today about the aging brain and its impact on decision-making, as well as discuss the protocols and tools available to assess decision-making capacity. The symposium will then focus on the myriad ways that perceptions of an older adult’s decision-making capacity can have profound implications for their treatment in criminal and civil proceedings, such as elder abuse or fraud prosecutions not being pursued, unnecessary or inappropriate guardianships being imposed, and misunderstandings between law enforcement and adult protective services about the meaning of decision-making capacity.

The symposium speakers come from a range of professions including judges, attorneys, adult protective services, and clinicians. We are pleased to announce that Detective Larry “Skip” Swain, of the Fresno County (California) Sheriff's Office Elder Abuse Unit, will be representing law enforcement on April 20 in the session, “A Panel of Experts Discuss Decision-Making Capacity of Older Adults in the Criminal Justice System Context.”

By shedding light on the latest science as well as best clinical, legal, and judicial practices, the Symposium aims to increase access to justice while promoting the self-determination of older adults.

You may register for the symposium at the Elder Justice Decision-Making Capacity Symposium registration page. For more information and the full agenda, visit the DOJ Elder Justice Symposium webpage.

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