Symposium
Elder Justice Decision-Making Capacity Symposium:
The Role of Decision-Making Capacity in Elder Justice Cases that Reach Civil and Criminal Courts
The capacity of older adults to make independent decisions about personal and financial matters is a complex concept often misunderstood. Our knowledge about decision-making capacity constantly changes based on new research. Yet every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments.
In order to increase awareness and improve how elder justice professionals approach these issues, the Department of Justice hosted the Elder Justice Decision-Making Capacity Symposium: The Role of Decision-Making Capacity in Elder Justice Cases that Reach Civil and Criminal Courts, a virtual Symposium, on April 19-21, 2022. Attended by more than 1500 individuals from every state and the District of Columbia, the Symposium addressed access to justice issues in elder abuse cases involving possible diminished decision-making capacity.
Symposium Recordings
Welcome and Introduction to the Symposium
Speakers: Andy Mao, National Elder Justice Coordinator; Deputy Director, Commercial Litigation Branch, US Department of Justice
Vanita Gupta, Associate Attorney General, US Department of Justice
Charles P. Sabatino, JD, Consultant, Aging and Law
Advances in Aging Brain Research and Its Relevance for Decision-Making
Speaker: Jason Karlawish, MD
Professor of Medicine, Medical Ethics and Health Policy, and Neurology; Co-
Director, Penn Memory Center; Director, Outreach, Recruitment, and Retention
Core of the Penn Alzheimer’s Disease Research Center
Runtime: 1:10:32
The Role of Clinicians in Conducting Forensic Decision-Making Capacity Assessments with Older Adults
Speakers: Eric Drogin, JD, PhD, ABPP, Harvard Medical School, Affiliated Lead of Psycholegal Studies, Psychiatry, Law, and Society Program, Brigham and Women’s Hospital
Daniel Marson, JD, PhD, Professor Emeritus, Department of Neurology, Heersink School of Medicine, University of Alabama at Birmingham
Laura Mosqueda, MD, FAAFP, AGSF, Professor of Family Medicine and Geriatrics, Keck School of Medicine of the University of Southern California, Director, National Center on Elder Abuse
Facilitator: Lisbeth Nielsen, Director, Division of Behavioral and Social Research, National Institute on Aging
Runtime: 1:31:01
The Impact of Questioning an Older Adult's Decision-Making Capacity:
Maximizing Self-Determination, Minimizing Harm
Speaker: Nina Kohn, JD, David M. Levy Professor of Law, Syracuse University
College of Law; Distinguished Scholar in Elder Law, Solomon Center for Health
Law and Policy at Yale Law School
Runtime: 46:36
Symposium Day 1 Recap
Speaker: Andy Mao, National Elder Justice Coordinator; Deputy Director, Commercial Litigation Branch, US Department of Justice
A Panel of Experts Discuss Decision-Making Capacity of Older Victims in the Criminal Justice System Context
Speakers: Judge Melinda J. Young, King County Superior Court
Jane Walsh, Chief Deputy District Attorney, Elder and At-Risk Unit, Denver District Attorney’s Office
Candace J. Heisler, JD, Assistant District Attorney, San Francisco (Retired), Heisler and Associates
Detective Larry "Skip" Swain, Elder Abuse Unit, Fresno County Sheriff's Office
Michelle Gayette, APS Director, Assistant Director, Adult & Aging Services, North Dakota Human Services
Randy Otto, PhD, ABPP, Associate Professor, University of South Florida
Facilitator: Andy Mao, National Elder Justice Coordinator; Deputy Director, Commercial Litigation Branch, US Department of Justice
Runtime: 2:10:04
Symposium Day 2 Recap
Speaker: Andy Mao, National Elder Justice Coordinator; Deputy Director, Commercial Litigation Branch, US Department of Justice
A Panel of Experts Discuss Decision-Making Capacity of Older Adults in the Civil Justice System Context
Speakers: Judge Lauren S. Holland, Lane County Circuit Court, Oregon Judicial Department
Alison Hirschel, Director & Managing Attorney, Michigan Elder Justice Initiative
Charles P. Golbert, Public Guardian, Office of the Cook County Public Guardian
Rima Rivera, New York City Adult Protective Services, Human Resources Administration
Bonnie Olsen, PhD, Vice Chair for Research, Professor of Clinical Family Medicine, Department of Family Medicine, Keck School of Medicine of the University of Southern California
Facilitator: Edwin Walker, Deputy Assistant Secretary for Aging, Administration for Community Living, US Department of Health and Human Services
Summary and Next Steps
Speaker: Andy Mao, National Elder Justice Coordinator; Deputy Director, Commercial Litigation Branch, US Department of Justice
Runtime: 2:22:48