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      • Systems for the Protection and Advocacy for Persons with Disabilities in the U.S.

        A. Kimberley Dayton 한국후견·신탁연구센터 2018 후견과 신탁 Vol.1 No.1

        Significant legal protection exists in U.S. federal and state law for persons with disabilities with respect to health care, housing, employment, social activities, and the like. In addition to these substantive laws, Congress has enacted several far-reaching statutes that obligate states to provide certain legal and supportive services to persons with disabilities to enable them to enforce and enjoy the protection of the substantive disability rights laws. In addition, all U.S. states and territories have put in place statutes that establish a system for reporting and investigating allegations of abuse and exploitation of vulnerable adults. These “adult protection” laws vary in the details among the states, but all have similar structures and objectives. Part I of this article will outline the nature of the various protection and advocacy services that are available for persons with disabilities in the U.S. through eight distinct, federally funded “P&A” programs. Part II, published separately, will discuss the typical framework of state adult protection schemes that are in place to address the widespread problem of abuse of vulnerable individuals who live either in the community or in institutions such as skilled nursing facilities (SNFs) (also called nursing homes or care homes). As appropriate, I will comment on areas in which the systems described could be improved to better serve the needs of persons with disabilities so that they can be fully integrated into all areas of public and private life.

      • Systems for the Protection and Advocacy for Persons with Disabilities in the U.S.

        A. Kimberley Dayton 한국후견·신탁연구센터 2018 후견과 신탁 Vol.1 No.2

        “Adult protection” is a broad term encompassing a number of activities carried out by state or local entities that focus on protecting vulnerable adults (primarily the elderly and those with physical or cognitive disabilities) from abuse and exploitation. Adult Protective Services (APS) encompass both the protective activities of state or local agencies charged with investigating allegations of abuse and exploitation against the vulnerable elderly and persons with disabilities, and the federally mandated Long Term Care Ombudsman programs in each state, and the investigatory. While APS entities receive some federal funding through grants under the Older Americans Act and other legislation, it should be noted that the design and administration of APS schemes are almost exclusively a matter of state law.

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