חוקי הגנה על האדם הזקן מפני התעללות והזנחה: בין אוטונומיה אינדיווידואליסטית לאוטונומיה קישורית

Background: Older adults experiencing abuse from their relatives often face challenges in cooperating with professionals. Where cognitive or mental disabilities are present, professionals may act to ensure the older adult's safety without their explicit consent, based on the assumption that their decision-making capacity is compromised. Conversely, in the absence of cognitive or mental disability, professionals may hesitate to intervene, desiring to respect the older adult's autonomy.Aim: Grounded in the theory of relational autonomy, which posits that individuals’ autonomous capabilities are influenced by their connections and relationships, the aim of this article is to examine the approach that emphasizes cognitive and mental capacity when assessing the decision-making ability of older adults.Method: After reviewing the relevant research and legal literature, we present an initial model for evaluating the decision-making capacity of older adults experiencing abuse from their offspring while refusing intervention to halt the violence.Findings: Even in the absence of cognitive or mental disabilities, older adults' decision-making abilities can still be impaired due to their relationship with the abuser.Conclusions and Implications for Practice/Policy: We propose an initial model, informed by the theory of relational autonomy and relevant research, for evaluating the decision-making capacity of older adults experiencing abuse from their offspring while refusing intervention to halt the violence.Interpreting protective laws for older adults through the lens of relational autonomy aligns with the legislative purpose and the language of the law. This approach can contribute to addressing the issue of elder abuse despite the challenges in identifying such situations.