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Difference between revisions of "Introduction to Adult Guardianship and Substitute Decision-Making (15:I)"
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Introduction to Adult Guardianship and Substitute Decision-Making (15:I) (view source)
Revision as of 17:02, 23 June 2016
, 17:02, 23 June 2016→6. Designated Agencies – Support and Assistance
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=== 6. Designated Agencies – Support and Assistance === | === 6. Designated Agencies – Support and Assistance === | ||
Another area where the issue of capacity may be raised is when an adult is experiencing abuse, neglect or self-neglect. Under Part 3 of the AGA, anyone can make a report to a Designated Agency who will meet with the adult, investigate whether or not the adult is | Another area where the issue of capacity may be raised is when an adult is experiencing abuse, neglect or self-neglect. Under Part 3 of the AGA, anyone can make a report to a Designated Agency who will meet with the adult, investigate whether or not the adult is experiencing abuse, neglect or self-neglect, and, if necessary, establish a support and assistance plan to protect the adult. | ||
An adult who is in need of support and assistance does not necessarily lack mental capacity. In fact, according to s 3(1) of the AGA, an adult is presumed to be capable of making decisions about personal care, health care and financial affairs, regardless of whether the adult is vulnerable to abuse, neglect or self-neglect. | |||
An adult’s way of communicating with others is not grounds for determining that an adult is incapable. Instead, the statutory tests of incapacity apply. For applications concerning guardianship, a formal assessment of capacity must be done in accordance with the ''Adult Guardianship (Abuse and Neglect) Regulations'' [AGR]. According to s 3(4) of the AGR, a capacity assessor must base the decision of incapability on whether the adult understands: the services described in the support and assistance plan; why the services are being offered to the adult; and the consequences to the adult of not accepting the services. The AGA states that the adult who is in need of support and assistance must be involved in decisions about how to seek and provide whatever support and assistance is needed to prevent abuse or neglect. It is also important to remember that an adult with capacity has the legal right to refuse support or assistance. For more information about responding to abuse and neglect, refer to section VIII: Abuse and Neglect in this chapter. | |||
15-9 | 15-9 | ||