Difference between revisions of "Adult Abuse and Neglect (15:VI)"

• ‘Abuse’ means the deliberate mistreatment of an adult that causes the adult<br>

(a) physical, mental or emotional harm, or<br>

(b) damage or loss in respect of the adult's financial affairs<br>

• ‘Neglect’ means any failure to provide necessary care, assistance, guidance or attention to an adult that causes, or is reasonably likely to cause within a short period of time, the adult serious physical, mental or emotional harm or substantial damage or loss in respect of the adult's financial affairs and includes self neglect  

BC’s PGT office has prepared a useful ‘decision tree’ to help with deciding where to refer someone who is abused or neglected.  The front half is the decision tree itself, a flow chart of where to refer.  The back contains a table setting out the response from the three resources – the police, the designated agency, and the PGT’s office. Please see '''Appendix B''' for the Decision Tree.  

Respect the personal values, priorities, goals and lifestyle choices the individual.  Identify support networks and solutions that suit their individuality.  

An appropriate response to abuse, neglect, or risk of abuse or neglect should respect the legal rights of the individual, while addressing the need for support, assistance, or protection in practical ways.   

There is no duty for the general public to report abuse, neglect or risk in BC. However, if an older adult is experiencing, or particularly vulnerable to, abuse, neglect or self-neglect and is unable to access the necessary support or assistance on their own, anyone may notify a Designated Agency (DA).  A representative of the DA will then meet with the adult to decide on what steps can be taken.  The DAs are legally required under the ''AGA'' to respond to reports of abuse, neglect and self-neglect.  The DA process includes involving the adult in decisions about how to seek support and assistance, providing the necessary support and assistance to prevent abuse or neglect, and respecting the right for an adult with capacity to refuse support or assistance.

The DAs are set out in the ''AGA'', and the ''DAR''.  They include BC Community Living, Providence Health Care Society, and each of the provincial Health Authorities (i. e.  Vancouver Coastal Health, Interior Health, Fraser Health, Vancouver Health Authority and Northern Health Authority).  For contact information, refer to section '''II. E: Designated Agencies''' in this chapter.   

A DA must determine whether an adult needs support and assistance if the agency receives a report of abuse or neglect, has reasons to believe that an adult is abused or neglected, or receives a report that the adult’s representative, guardian or monitor has been hindered from visiting or speaking with the adult (''AGA'' s 47).  Where an adult is found to be in need of support or assistance, a DA may take any of the following courses of action: (See s 47(3) and s 51 of the ''AGA''). <br>

Legal professionals need to remember their responsibility to maintain professional conduct and client confidentiality with respect to their clients.  There is not a mandatory requirement to report abuse, neglect or self-neglect in BC However, a report to a DA can be made anonymously.   

Make sure that the adult has access to all available resources.  If the situation is an emergency, '''call 9-1-1'''.  If the situation is not an emergency, but the older adult is in need of support and assistance to protect themselves, then you may need to contact a DA.  Refer to sections '''II D: Resource Organizations''' and '''II. E: Designated Agencies''' in this chapter for further relevant information, as well as the CCEL tool ‘Elder Abuse and Neglect: What Volunteers Need to Know’, found at:  

The statutory powers, set out in s 17 of the ''PGTA'', allow the PGT to investigate and audit the affairs, dealings and accounts of:

• If the PGT has reason to believe that the interest in the trust, or the assets of the young or adult, may be at risk, or that the representative, guardian or attorney has failed their duties<br>

• An adult who does not have a guardian, a representative or an attorney under an EPOA but who is apparently abused or neglected, as defined in the RAA<br>

• Incapable of acting as representative or attorney<br>

Any person can also make an objection to the PGT if there is a reason to believe that fraud, undue pressure or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a financial or legal document (''PAA'' s 34(2)(b)), or a Representation Agreement (RAA s 30(1)(b)).