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Difference between revisions of "Adult Abuse and Neglect (15:VIII)"
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Adult Abuse and Neglect (15:VIII) (view source)
Revision as of 04:50, 26 June 2016
, 04:50, 26 June 2016→1. Designated Agencies
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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 (s 52, AGA). DAs are also legally required to respect the right for an adult with capacity to refuse support or assistance (s 2, AGA). | 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 (s 52, AGA). DAs are also legally required to respect the right for an adult with capacity to refuse support or assistance (s 2, AGA). | ||
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. | |||
Students should refer to the Supervising Lawyer and assess the situation with the client. 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 [[Adult Guardianship Legislation and Resources (15:I)#C. Resource Organizations | sections I.C: Resource Organizations]] and [[Adult Guardianship Legislation and Resources (15:I)#D. Designated Agencies | I.D.: Designated Agencies]] in this chapter for further relevant information, as well as the CCEL tool “[http://www.bcli.org/project/elder-abuse-and-neglect-what-volunteers-need-know Elder Abuse and Neglect: What Volunteers Need to Know]”. | |||
=== 2. Public Guardian and Trustee === | |||
Although not a designated agency under the AGA, the Public Guardian and Trustee (PGT) has the statutory authority to investigate all situations where there appears to be financial abuse, neglect, or self-neglect. A designated agency discussed above may refer an investigation of abuse to the Public Guardian and Trustee. | |||
The statutory powers, set out in s 17 of the PGTA, allow the Public Guardian and Trustee 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 Public Guardian and Trustee 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 to his or her 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 Public Guardian and Trustee has reason to believe assets are at risk or person is not fulfilling their duties; | |||
*a representative; or | |||
*a guardian committee. | |||
The statutory powers also allow the Public Guardian and Trustee to: require trustee, attorney, representative, guardian to provide accounts necessary for an audit (s 18(2)) ask the court for an order allowing access to information previously denied when undertaking an audit or investigation (s 18 (4)); and 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 (s 19, PGTA). Any person may notify the Public Guardian and Trustee where a Representative or Attorney is: (s 30(1)(h), RAA; s 34(2)(c), PAA) 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 Representative or Attorney; failing to fulfill the duties of a Representative or Attorney; or otherwise failing to comply with anRA, or an EPOA. Any person can also make an objection to the Public Guardian and Trustee 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 (s 34(1)(b) PAA), or a Representation Agreement (s 30(1)(b) RAA). On receiving an objection concerning Representation Agreements, the Public Guardian and Trustee must promptly review the situation and may do one or more of the following (s 30(3), RAA): | |||
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