Abuse or Neglect by Paid Caregivers in Home Care and Senior Housing

Abuse or Neglect by Paid Caregivers

Care providers must ensure older adults receiving care are protected from abuse and neglect by anyone in a position of trust or authority in the facility. When they receive a complaint of abuse or neglect, care providers are required to take immediate action to prevent further abuse or neglect. They must investigate the complaint and may suspend or terminate the employee and, if necessary, call the police.(1)

If you are concerned about abuse or neglect of an older adult receiving home care, you can raise your concern with the Home and Community Care Office.

If your concern is about someone in long-term care or assisted living, raise it with the Director of Care or manager of the care facility. They are required to act on the allegation and to report it to:

• the appropriate licensing body;
• the resident’s contact person;
• the adult’s doctor or nurse practitioner; and
• any funding program that the adult benefits from.(2)

However, if this does not result in an acceptable solution, the adult or their representative or advocate may make a complaint to the licensing or registration office directly, or to the Patient Care Quality Office.

References

1. Residential Care Regulation, BC Reg 96/2009, ss 52, 77, online: <canlii.ca/t/89ln>; Assisted Living Regulation, BC Reg 189/2019, ss 50-51, online: <canlii.ca/t/9lrn>.
2. Residential Care Regulation, BC Reg 96/2009, s 77, online: <canlii.ca/t/89ln>; Assisted Living Regulation, BC Reg 189/2019, s 51, online: <canlii.ca/t/9lrn>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.