Capacity and Vulnerability in Home Care and Senior Housing

Capacity and Vulnerability

When considering how to respond if you suspect abuse or neglect, it is important to keep in mind that even if an adult seems to be in an abusive or neglectful situation, they have the right to decide whether to accept or refuse offers of help if they are capable of making such decisions.

When an adult has been assessed as incapable, their representative or substitute decision-maker can act on their behalf to secure their safety. If they do not have someone to act on their behalf, any concerned person should report their concerns to a designated agency or the Public Guardian and Trustee. See Appendix A.

If you are concerned about a capable older adult who may be abused or neglected, you can let them know about the Seniors Abuse and Information Line (SAIL) at 604-437-1940 or toll-free at 1-866-437-1940, or Victim Link 1-800-563-0808, and offer information about local community services that could assist should they need them. If the person is in a care facility, see 7.1.3 below.

The Public Guardian and Trustee has developed a Decision Tree<ref>Public Guardian and Trustee of British Columbia, ”Decision Tree: Assisting an Adult Who is Abused, Neglected or Self-Neglected", online: <trustee.bc.ca/reports-and-publications/Pages/Decision-Tree.aspx>. </ref>, which helps determining the best course of action:

• If the adult is in immediate danger of physical harm, call 911.
• If not, and the adult is able to seek assistance, a supporter can help the person find community resources, or call the non-emergency police phone number to report a suspected crime.
• If the adult cannot seek assistance and the abuse is financial, call the Public Guardian and Trustee.
• If the adult cannot seek assistance and the abuse is any other type, call a Designated Agency (see Appendix A).

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References

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

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

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

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."

A person who holds property in trust for the benefit of another person. See "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.