Laws to protect the elderly

We all know that when you reach old age, the investment in health increases exponentially, in fact, many save to have a fund to use in medical emergencies, others seek economic options for their medical treatments such as Sanoviv Dental is the dentist in Tijuana, to which many senior citizens of the United States come for their exceptional professionalism and with a reasonable price.

That is why it is unfortunate that elders in other countries like Spain are plucked by friends, caregivers, businesses and even NGOs to the extent that now the judges incapacitate 700 older adults every year to protect them from abuse.

In 2016, the courts of Seville authorized 2,233 involuntary admissions of disabled people, of whom almost 58% were seniors in nursing homes. Due to the aging of the population, involuntary hospitalization of people with disabilities in nursing homes has been triggered in Seville. To face these internments, the judges are governed by an old law that is more designed for mental hospitalizations than for the income in residences of older adults with mental deficiencies.

Article 763 of the Law of Civil Procedure regulates internments for the mental disorder of a person who is unable to decide for themselves. This regulation is designed for the incomes of people with a mental health condition in hospitals when they refuse such salary. In these situations, the doctor issues periodic reports and discharges when he considers it appropriate for the patient. However, this is not the case of elderly people with senile or Alzheimer’s dementia who enter homes because they can not take care of themselves. Hence it is not foreseeable that there will be a medical discharge or that they will return to their homes, Cuenca explains. Demands a specific regulation for the income of old people in nursing homes.

In Seville, the competent judges to agree these internments are those of Family, without specialized courts, as in the large cities. In Seville, there are five Family judges, who not only deal with disability declarations and authorizations for the placement of disabled people but also understand divorces, custody procedures for minors, declarations of homelessness, liquidations of joint ownership companies.

Personal examination of the judge
On the other hand, the procedure to be followed for the authorization of involuntary detention of the elderly person in an asylum requires a personal examination of the person by the judge. The rest of the elderly admitted have to go to court to be analyzed by the judge and the coroner.

Precautionary measures
The courts of Family of Seville are overwhelmed by work, which accumulates even in chairs

Another problem is the delay in authorizing internment since the judge must hear the affected person and obtain a report from the medical examiner. Due to these procedures some families that end up losing the place that has been granted in residence.