Difference between revisions of "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)"

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(LSLAP 2017 Clinician update: minor edits & organisation updates)
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Part 3 of the ''Adult Guardianship Act'', RSBC 1996, c 6, has special provisions on abuse and neglect.  These include physical, sexual, emotional and financial forms of abuse/neglect.  These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect.   
Part 3 of the ''Adult Guardianship Act'', RSBC 1996, c 6, has special provisions on abuse and neglect.  These include physical, sexual, emotional and financial forms of abuse/neglect.  These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect.   


Under Part 3 of the Act, ‘designated agencies’ respond to reports of abuse or neglect involving adults in these circumstances and notify police if it appears a criminal offence was committed.  Designated Agencies under the ''Adult Guardianship Act'' include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC.  They can address a range of health and safety issues and help in informal or formal ways.  Formal tools include gaining access to the adult in emergencies, access orders or warrants, short and longer term restraining orders, and on occasion support and assistance court orders.
Under Part 3 of the Act, ‘designated agencies’ respond to reports of abuse or neglect involving adults in these circumstances and notify police if a criminal offence appears to have been committed.  Designated Agencies under the ''Adult Guardianship Act'' include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC.  They can address a range of health and safety issues and help in informal or formal ways.  Formal tools include gaining access to the adult in emergencies, obtaining access orders or warrants, obtaining short and long term restraining orders, and on occasion obtaining support and assistance court orders.


Designated agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations.  Under the ''Public Guardian and Trustee Act'', the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs.  The PGT makes referrals to designated agencies if there are concerns about physical risk or harm to the vulnerable adult.  The following is a link to the PGT’s Decision Tree for more information on knowing who to call:  
Designated agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations.  Under the ''Public Guardian and Trustee Act'', the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs.  The PGT makes referrals to designated agencies if there are concerns about physical risk or harm to the vulnerable adult.  The following is a link to the PGT’s Decision Tree for more information on knowing who to call:  
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Other B.C. laws aiming to protect adults in financial and health-care matters include: the ''Public Guardian and Trustee Act'', the ''Representation Agreement Act'', and the ''Health Care (Consent) and Care Facility (Admisssion) Act''.  
Other B.C. laws aiming to protect adults in financial and health-care matters include: the ''Public Guardian and Trustee Act'', the ''Representation Agreement Act'', and the ''Health Care (Consent) and Care Facility (Admisssion) Act''.  


Remember that the victim may depend on his or her alleged abuser for financial or physical assistance.  If the victim wants to make a report that may lead to the laying of information, move to a transition house, or getting a protection order (see Section VI.B.3: Protection Order, below), he or she may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below.
Remember that the victim may depend on his or her alleged abuser for financial or physical assistance.  If the victim wants to make a report that may lead to the laying of information, moving to a transition house, or getting a protection order (see Section V.B.3: Protection Order, below), he or she may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below.


== B. Legal Remedies ==
== B. Legal Remedies ==
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'''B.C. Centre for Elder Advocacy and Support (BCCEAS)'''
'''Seniors First BC (Formerly B.C. Centre for Elder Advocacy and Support (BCCEAS))'''
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = Martha Jane Lewis, Executive Director
| address = Martha Jane Lewis, Executive Director
| phone = (604) 688-1927
| phone = (604) 688-1927
| online = [http://www.bcceas.ca Website]
| online = [http://seniorsfirstbc.ca/ Website]
}}
}}


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=== 2. Shelter ===
=== 2. Shelter ===


If the alleged abuser cannot be removed from the home, the victim may need temporary shelter.  Older and senior women at risk of violence may be admitted to women’s transition houses if space is available.  Ama House in South Surrey/White Rock is a specialized transition house for older and senior women at risk of violence.  See Chapter 22: Referrals for transition house phone numbers.  Some houses do not have a one-week maximum stay, although all stays at transition houses are typically no longer than 30 days.  If all of the local transition houses are full, Battered Women’s Support Services (telephone: (604) 687-1867) can sometimes locate alternative shelter.  After Hours Services (see Chapter 22: Referrals) can also provide assistance and can refer elderly men to temporary shelter or housing.
If the alleged abuser cannot be removed from the home, the victim may need temporary shelter.  Older and senior women at risk of violence may be admitted to women’s transition houses if space is available.  Ama House in South Surrey/White Rock is a specialised transition house for older and senior women at risk of violence.  See Chapter 22: Referrals for transition house phone numbers.  Some houses do not have a one-week maximum stay, although all stays at transition houses are typically no longer than 30 days.  If all of the local transition houses are full, Battered Women’s Support Services (telephone: (604) 687-1867) can sometimes locate alternative shelter.  After Hours Services (see Chapter 22: Referrals) can also provide assistance and can refer elderly men to temporary shelter or housing.


=== 3. Home Support ===
=== 3. Home Support ===