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Difference between revisions of "Adult Abuse and Neglect (15:VI)"

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{{REVIEWED LSLAP | date= August 10, 2023}}
{{REVIEWED LSLAP | date= August 11, 2023}}
{{LSLAP Manual TOC|expanded = guardianship}}
{{LSLAP Manual TOC|expanded = guardianship}}


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* Does the person appear to lack mental capacity?
* Does the person appear to lack mental capacity?


BC’s PGT office has prepared a useful "decision tree" to help with deciding where to refer someone who is abused or neglected.  The front half is the decision tree itself, a flow chart of where to refer.  The back contains a table setting out the response from the three resources – the police, the designated agency, and the PGT’s office. Please see [[BC_Public_Guardian_and_Trustee_Decision_Tree_on_Adult_Abuse_and_Neglect_(15:App_B)|Appendix B]] for the Decision Tree.  
BC’s PGT office has prepared a useful "decision tree" to help with deciding where to refer someone who is abused or neglected.  The front half is the decision tree itself, a flow chart of where to refer.  The back contains a table setting out the response from the three resources – the police, the designated agency, and the PGT’s office. Please see [[BC_Public_Guardian_and_Trustee_Decision_Tree_on_Adult_Abuse_and_Neglect_(15:App_B)|'''Appendix B''']] for the Decision Tree.  


The CCEL has published the following guiding principles for responding to concerns about abuse, neglect or self-neglect: (''A Practical Guide to Elder Abuse and Neglect Law in Canada'' (2011)).
The CCEL has published the following guiding principles for responding to concerns about abuse, neglect or self-neglect: (''A Practical Guide to Elder Abuse and Neglect Law in Canada'' (2011)).
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There is no duty for the general public to report abuse, neglect, or risk in BC. However, if an older adult is experiencing, or particularly vulnerable to, abuse, neglect, or self-neglect and is unable to access the necessary support or assistance on their own, anyone may notify a Designated Agency (DA).  A representative of the DA will then meet with the adult to decide on what steps can be taken.  The DAs are legally required under the ''AGA'' to respond to reports of abuse, neglect, and self-neglect.  The DA process includes involving the adult in decisions about how to seek support and assistance, providing the necessary support and assistance to prevent abuse or neglect, and respecting the right for an adult with capacity to refuse support or assistance.
There is no duty for the general public to report abuse, neglect, or risk in BC. However, if an older adult is experiencing, or particularly vulnerable to, abuse, neglect, or self-neglect and is unable to access the necessary support or assistance on their own, anyone may notify a Designated Agency (DA).  A representative of the DA will then meet with the adult to decide on what steps can be taken.  The DAs are legally required under the ''AGA'' to respond to reports of abuse, neglect, and self-neglect.  The DA process includes involving the adult in decisions about how to seek support and assistance, providing the necessary support and assistance to prevent abuse or neglect, and respecting the right for an adult with capacity to refuse support or assistance.


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 [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|VII. B: 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 [[Sources_and_Resources_for_Adult_Guardianship_(15:VII)|'''VII. B: 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'').
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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. 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.
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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