Adult Abuse and Neglect (15:VI): Difference between revisions
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Adult Abuse and Neglect (15:VI) (view source)
Revision as of 20:04, 11 October 2022
, 11 October 2022→B. Responding to Adult Abuse and Neglect
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Ask questions. Talk to the person about their experience. Help the person to identify resources that could be helpful. | Ask questions. Talk to the person about their experience. Help the person to identify resources that could be helpful. | ||
'''2. Respect personal values''' | '''2. Respect personal values'''<br> | ||
Respect the personal values, priorities, goals, and lifestyle choices of the individual. | Respect the personal values, priorities, goals, and lifestyle choices of the individual. Identify support networks and solutions that suit their individuality. | ||
'''3. Recognize the right to make decisions''' | '''3. Recognize the right to make decisions'''<br> | ||
Mentally capable adults have the right to make decisions, including choices others might consider risky or unwise. | Mentally capable adults have the right to make decisions, including choices others might consider risky or unwise. | ||
'''4. Seek consent or permission''' | '''4. Seek consent or permission'''<br> | ||
In most situations, you should get consent from the adult before taking action. | In most situations, you should get consent from the adult before taking action. | ||
'''5. Respect confidentiality and privacy rights''' | '''5. Respect confidentiality and privacy rights'''<br> | ||
Get consent before sharing another person’s private information, including confidential personal or health information. | Get consent before sharing another person’s private information, including confidential personal or health information. | ||
'''6. Avoid ageism''' | '''6. Avoid ageism'''<br> | ||
Prevent ageist assumptions or discriminatory thinking based on age from affecting your judgment. | Prevent ageist assumptions or discriminatory thinking based on age from affecting your judgment. Avoid stereotypes and show respect for the inherent dignity of all human beings, regardless of age. | ||
'''7. Recognize the value of independence and autonomy''' | '''7. Recognize the value of independence and autonomy'''<br> | ||
Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance. | Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance. | ||
'''8. Know that abuse and neglect can happen anywhere and by anyone''' | '''8. Know that abuse and neglect can happen anywhere and by anyone'''<br> | ||
Abuse and neglect of older adults can occur in a variety of circumstances from home care to family violence. | Abuse and neglect of older adults can occur in a variety of circumstances from home care to family violence. | ||
'''9. Respect rights''' | '''9. Respect rights'''<br> | ||
An appropriate response to abuse, neglect, or risk of abuse or neglect should respect the legal rights of the individual while addressing the need for support, assistance, or protection in practical ways. | An appropriate response to abuse, neglect, or risk of abuse or neglect should respect the legal rights of the individual while addressing the need for support, assistance, or protection in practical ways. | ||
'''10. Get informed''' | '''10. Get informed'''<br> | ||
Ignorance of the law is not an excuse for inaction when someone’s safety is at stake. If you work with older adults you need to educate yourself about elder abuse. | Ignorance of the law is not an excuse for inaction when someone’s safety is at stake. If you work with older adults you need to educate yourself about elder abuse. | ||
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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, Island Health Authority, and Northern Health Authority). For contact information, refer to section '''II. E: 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, Island Health Authority, and Northern Health Authority). For contact information, refer to section '''II. E: 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 (''AGA'' s 47). 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 (''AGA'' s 47). 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''). | ||
* Investigate whether abuse or neglect is happening | |||
* Provide assistance to obtain care, social support, or legal guidance | |||
* Assist in obtaining an appropriate representative or guardian | |||
* Inform the Public Guardian and Trustee | |||
* Prepare and implement a support and assistance plan with the adult | |||
* Apply to the court for an order authorizing the provision of services | |||
Designated Agencies must involve the adult, to the greatest extent possible, in decisions about how to seek support and assistance, and in decisions regarding the provision of support and assistance necessary to prevent abuse or neglect in the future (''AGA'' s 52). DAs are also legally required to respect the right for an adult with capacity to refuse support or assistance (''AGA'' s 2). | Designated Agencies must involve the adult, to the greatest extent possible, in decisions about how to seek support and assistance, and in decisions regarding the provision of support and assistance necessary to prevent abuse or neglect in the future (''AGA'' s 52). DAs are also legally required to respect the right for an adult with capacity to refuse support or assistance (''AGA'' s 2). | ||
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The statutory powers, set out in s 17 of the ''PGTA'', allow the PGT to investigate and audit the affairs, dealings, and accounts of: | The statutory powers, set out in s 17 of the ''PGTA'', allow the PGT to investigate and audit the affairs, dealings, and accounts of: | ||
* A trust, a beneficiary of which is a young person, an adult who has a guardian, or an adult who does not have a guardian but who is apparently abused or neglected, as defined in the RAA | |||
* If the PGT has reason to believe that the interest in the trust, or the assets of the young or adult, may be at risk, or that the representative, guardian, or attorney has failed their duties | |||
* An adult who does not have a guardian, a representative, or an attorney under an EPOA but who is apparently abused or neglected, as defined in the RAA | |||
* An attorney under a POA or EPOA, where the PGT has reason to believe assets are at risk or person is not fulfilling their duties | |||
* A representative | |||
* A guardian committee | |||
The statutory powers also allow the PGT to: | The statutory powers also allow the PGT to: | ||
* Require trustee, attorney, representative, guardian to provide accounts necessary for an audit (''PGTA'' s 18(2)) | |||
* Ask the court for an order allowing access to information previously denied when undertaking an audit or investigation (''PGTA'' s 18 (4)) | |||
* Protect a person’s financial affairs and freeze assets in urgent situations for up to 30 days and renew the instructions up to three times for a total of 120 days (''PGTA'' s 19) | |||
Any person may notify the PGT where a representative or attorney is: (RAA s 30(1)(h); ''PAA'' s 34(2)(c)) | Any person may notify the PGT where a representative or attorney is: (RAA s 30(1)(h); ''PAA'' s 34(2)(c)) | ||
* Abusing or neglecting the person for whom the representative or attorney is acting | |||
* Failing to follow the instructions in the RA | |||
* Incapable of acting as a representative or attorney | |||
* Failing to fulfill the duties of a representative or attorney | |||
* Otherwise failing to comply with an RA, or an EPOA | |||
Any person can also make an objection to the PGT if there is a reason to believe that fraud, undue pressure, or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a financial or legal document (''PAA'' s 34(2)(b)), or a Representation Agreement (RAA s 30(1)(b)). | Any person can also make an objection to the PGT if there is a reason to believe that fraud, undue pressure, or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a financial or legal document (''PAA'' s 34(2)(b)), or a Representation Agreement (RAA s 30(1)(b)). | ||
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On receiving an objection concerning Representation Agreements, the PGT must promptly review the situation and may do one or more of the following (RAA s 30(3)): | On receiving an objection concerning Representation Agreements, the PGT must promptly review the situation and may do one or more of the following (RAA s 30(3)): | ||
* Conduct an investigation to determine the validity of the objection | |||
* Apply to the court for an order confirming a change to, or the revocation of, the RA or cancelling part of the RA | |||
* Apply to the court for an order that the RA is not invalid | |||
* Recommend that someone else make a court application | |||
* Make a report to a designated agency, requesting support and assistance in accordance with s 46 of the ''AGA'' | |||
* Appoint a monitor | |||
* Authorize remuneration for a monitor out of the adult’s asset | |||
* Take any other action considered necessary | |||
On receiving a report concerning Power of Attorneys, the PGT must promptly review the situation and may do one or more of the following (''PAA'' s 34(3)): | On receiving a report concerning Power of Attorneys, the PGT must promptly review the situation and may do one or more of the following (''PAA'' s 34(3)): | ||
* Conduct an investigation to determine the validity of the report; | |||
* Apply to the court for an order described in s 36 of the ''PAA'' | |||
* Advise the person who made the report to apply to the court for an order described in s 36 of the ''PAA'' | |||
* Make a report under s 46 of the ''AGA'' | |||
* Take steps under the ''PPA'' to become a committee | |||
* Take no action, or take any action that the PGT considers necessary | |||
See Part 3 of the ''PGTA'' for the planning and accountability obligations of the PGT. | See Part 3 of the ''PGTA'' for the planning and accountability obligations of the PGT. | ||