Adult Abuse and Neglect (15:VIII) - Revision history

LSLAP at 20:18, 23 November 2019

2019-11-23T20:18:32Z

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			{{REVIEWED LSLAP \| date= June 21, 2019}}
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LSLAP at 08:27, 15 August 2019

2019-08-15T08:27:22Z

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LSLAP: /* B. Responding to Adult Abuse and Neglect */

2017-08-13T01:44:20Z

B. Responding to Adult Abuse and Neglect

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	*Does the person appear to lack mental capacity?		*Does the person appear to lack mental capacity?

	BC’s Public Guardian and Trustee’s office has prepared a useful “decision tree” to help people concerned about the potential abuse or neglect of a vulnerable adult. The first page is the decision tree itself, a flow chart of how to respond to different circumstances of potential abuse or neglect. The second page contains a table setting out the roles and responsibilities of the police, the designated agency, and the PGT’s office. Please see the ~~[[Decision Tree (15:AppB). \|~~ Appendix B for the Decision Tree]]		BC’s Public Guardian and Trustee’s office has prepared a useful “decision tree” to help people concerned about the potential abuse or neglect of a vulnerable adult. The first page is the decision tree itself, a flow chart of how to respond to different circumstances of potential abuse or neglect. The second page contains a table setting out the roles and responsibilities of the police, the designated agency, and the PGT’s office. Please see the Appendix B for the Decision Tree.

	The CCEL has published the following guiding principles for responding to concerns about abuse, neglect or self-neglect: (A Practical Guide to Elder Abuse and Neglect Law in Canada (2011))		The CCEL has published the following guiding principles for responding to concerns about abuse, neglect or self-neglect: (A Practical Guide to Elder Abuse and Neglect Law in Canada (2011))

LSLAP: /* B. Responding to Adult Abuse and Neglect */ 2017 LSLAP Summer Clinician Update

2017-08-13T01:42:54Z

B. Responding to Adult Abuse and Neglect: 2017 LSLAP Summer Clinician Update

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LSLAP: /* A. What is Adult Abuse and Neglect */

2017-08-13T01:29:32Z

A. What is Adult Abuse and Neglect

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	Section 1 of the RAA defines the terms abuse and neglect broadly as follows:		Section 1 of the RAA defines the terms abuse and neglect broadly as follows:
	*"abuse" means the deliberate mistreatment of an adult that causes the adult		*"abuse" means the deliberate mistreatment of an adult that causes the adult (a) physical, mental or emotional harm, or (b) damage or loss in respect of the adult's financial affairs,
	(a) physical, mental or emotional harm, or
	(b) damage or loss in respect of the adult's financial affairs,
	and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors;		and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors;
	*"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.		*"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.

LSLAP: /* A. What is Adult Abuse and Neglect */ 2017 LSLAP Summer Clinician update

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A. What is Adult Abuse and Neglect: 2017 LSLAP Summer Clinician update

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	== A. What is Adult Abuse and Neglect ==		== A. What is Adult Abuse and Neglect ==

	An adult might be experiencing, or be vulnerable to experiencing, abuse, neglect or self-neglect. In situations where an adult is in need of support or assistance in order to prevent abuse or neglect, the following legislation applies: Part 3 of the AGA; sections 34 and 35 of the PAA; section 31 of the RAA; and sections 17–19 of the PGTA.		An adult might be experiencing, or be vulnerable to experiencing, abuse, neglect or self-neglect. In situations where an adult is in need of support or assistance in order to prevent abuse or neglect, the following legislation applies: Part 3 of the AGA; sections 34 and 35 of the PAA; section 31 of the RAA; and sections 17–19 of the PGTA.

	The law defines abuse, neglect and self-neglect to include acts and a failure to act. Refer to the ''Practical Guide to Abuse and Neglect Law in Canada'' for a summary of the law and practical guidelines on how to identify and respond to situations of abuse or neglect. This guide is produced by the Canadian Centre for Elder Law (CCEL) and is available online at: ~~http://~~www.bcli.org/ccel/projects/practical-guide-elder-abuse-and-neglect-law-canada.		The law defines abuse, neglect and self-neglect to include acts and a failure to act. Refer to the Practical Guide to Abuse and Neglect Law in Canada for a summary of the law and practical guidelines on how to identify and respond to situations of abuse or neglect. This guide is produced by
			the Canadian Centre for Elder Law (CCEL) and is available online at: www.bcli.org/ccel/projects/practical-guide-elder-abuse-and-neglect-law-canada.

	Section 1 of the RAA defines the terms abuse and neglect broadly as follows:		Section 1 of the RAA defines the terms abuse and neglect broadly as follows:
	*"abuse" means the deliberate mistreatment of an adult that causes the adult (a) physical, mental or emotional harm, or (b) damage or loss in respect of the adult's financial affairs, and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors;		*"abuse" means the deliberate mistreatment of an adult that causes the adult
	*"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.		(a) physical, mental or emotional harm, or
			(b) damage or loss in respect of the adult's financial affairs,
			and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors;
			*"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.

	== B. Responding to Adult Abuse and Neglect ==		== B. Responding to Adult Abuse and Neglect ==

Desy Wahyuni: /* 1. Designated Agencies */

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1. Designated Agencies

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	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.		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.

	Students should refer to the Supervising Lawyer and assess the situation with the client. 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 [[~~Adult Guardianship~~ Legislation and Resources (15:I)#C. Resource Organizations \| sections I.C: Resource Organizations]] and [[~~Adult Guardianship~~ Legislation and Resources (15:I)#D. Designated Agencies \| I.D.: Designated Agencies]] in this chapter for further relevant information, as well as the CCEL tool “[http://www.bcli.org/project/elder-abuse-and-neglect-what-volunteers-need-know Elder Abuse and Neglect: What Volunteers Need to Know]”.		Students should refer to the Supervising Lawyer and assess the situation with the client. 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 [[Governing Legislation and Resources for Adult Guardianship (15:II)#C. Resource Organizations \| sections II.C: Resource Organizations]] and [[Governing Legislation and Resources for Adult Guardianship (15:II)#D. Designated Agencies \| II.D.: Designated Agencies]] in this chapter for further relevant information, as well as the CCEL tool “[http://www.bcli.org/project/elder-abuse-and-neglect-what-volunteers-need-know Elder Abuse and Neglect: What Volunteers Need to Know]”.

	=== 2. Public Guardian and Trustee ===		=== 2. Public Guardian and Trustee ===

Desy Wahyuni: /* 1. Designated Agencies */

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1. Designated Agencies

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	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 her 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.		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 her 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 [[~~Adult Guardianship~~ Legislation and Resources (15:I)#D. Designated Agencies \| section I.D.: Designated Agencies]] in this chapter.		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 [[Governing Legislation and Resources for Adult Guardianship (15:II)#D. Designated Agencies \| section II.D.: 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 (s 47, AGA). 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).		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 (s 47, AGA). 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).

Desy Wahyuni: /* B. Responding to Adult Abuse and Neglect */

2016-11-15T20:03:39Z

B. Responding to Adult Abuse and Neglect

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	=== 3. Additional Resources for Older People Experiencing Abuse or Neglect ===		=== 3. Additional Resources for Older People Experiencing Abuse or Neglect ===

	Refer to [[~~Adult Guardianship~~ Legislation and Resources (15:I)#C. Resource Organizations \| section I.C: Resource Organizations]] in this chapter, for contact information for the BC Centre for Elder Advocacy and Support, and the Public and Guardian Trustee of British Columbia.		Refer to [[Governing Legislation and Resources for Adult Guardianship (15:II)#C. Resource Organizations \| section II.C: Resource Organizations]] in this chapter, for contact information for the BC Centre for Elder Advocacy and Support, and the Public and Guardian Trustee of British Columbia.


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Desy Wahyuni: /* 3. Additional Resources for Older People Experiencing Abuse or Neglect */

2016-10-28T18:39:40Z

3. Additional Resources for Older People Experiencing Abuse or Neglect

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	Refer to [[Adult Guardianship Legislation and Resources (15:I)#C. Resource Organizations \| section I.C: Resource Organizations]] in this chapter, for contact information for the BC Centre for Elder Advocacy and Support, and the Public and Guardian Trustee of British Columbia.		Refer to [[Adult Guardianship Legislation and Resources (15:I)#C. Resource Organizations \| section I.C: Resource Organizations]] in this chapter, for contact information for the BC Centre for Elder Advocacy and Support, and the Public and Guardian Trustee of British Columbia.


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