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Difference between revisions of "Adult Abuse and Neglect (15:VI)"
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Adult Abuse and Neglect (15:VI) (view source)
Revision as of 22:59, 10 August 2023
, 22:59, 10 August 2023no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 10, 2023}} | ||
{{LSLAP Manual TOC|expanded = guardianship}} | {{LSLAP Manual TOC|expanded = guardianship}} | ||
== 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''; s 34 and 35 of the ''PAA''; s 31 of the RAA; and s 17 to 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''; s 34 and 35 of the ''PAA''; s 31 of the ''RAA''; and s 17 to 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 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 | ||
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::(a) physical, mental, or emotional harm, or | ::(a) physical, mental, or emotional harm, or | ||
::(b) damage or loss in respect of the adult's financial affairs, | ::(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<br> | :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.<br> | ||
* “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. | ||
== B. Responding to Adult Abuse and Neglect == | == B. Responding to Adult Abuse and Neglect == | ||
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* Apply to the court for an order authorizing the provision of services | * 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 (DAs) 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). | ||
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. | ||
Make sure that the adult has access to all available resources. | 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 sections [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|VII A: Resource Organizations]] and [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|VII. B: Designated Agencies]] in this chapter for further relevant information, as well as the CCEL tool "Elder Abuse and Neglect: What Volunteers Need to Know", found at: http://www.bcli.org/project/elder-abuse-and-neglect-what-volunteers-need-know. | ||
=== 2. Public Guardian and Trustee === | === 2. Public Guardian and Trustee === | ||
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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 | * 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 | * 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 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 | * 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 representative | ||
* A guardian | * A guardian | ||
The statutory powers also allow the PGT to: | The statutory powers also allow the PGT to: | ||
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* 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) | * 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 | * Abusing or neglecting the person for whom the representative or attorney is acting | ||
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* Otherwise failing to comply with an RA, or an EPOA | * 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)). | ||
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 | * Conduct an investigation to determine the validity of the objection | ||