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Neglected Adults

Neglected Adults. Eastern Health Community Supports Program. Neglected Adult:.

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Neglected Adults

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  1. Neglected Adults Eastern Health Community Supports Program

  2. Neglected Adult: Defined as an adult who is incapable of properly caring for himself or herself because of physical or mental infirmity, who is not suitable to be in a treatment facility under the Mental Health Act, who is not receiving proper care and attention and who refuses, delays or is unable to make provision for proper care and attention for himself or herself.

  3. Neglected Adults Welfare Act: Provides a legal mechanism to offer support and protection for an individual aged 18 and older whose lives and or health is clearly at risk. The Neglected Adults Welfare Act, RSNL 1990, c. N-3 as amended was originally enacted in 1973 and is provincial legislation. Under the Act the Director of Neglected Adults duly appointed under the Act may authorize a social worker to enforce this Act. All investigations and subsequent action under this Act will be executed under the direction of the Director or his or her designate.

  4. Criteria A Neglected Adult is an adult … • Who is incapable of caring properly for himself or herself because of physical or mental infinity • Who is not suitable to be in a treatment facility under the Mental Health Act. • Who is not receiving proper care and attention • Who refuses delays or is unable to make provision for proper care and attention for him/her self. Note: All 4 criteria as noted above must be met to obtain a court order under the Neglected Adult Act.

  5. Responsibility: Investigations of possible Neglected Adults is the responsibility of the Community Supports Program within Eastern Health. Referrals can be made to our Intake Coordinator who will screen the information to determine if the case warrants investigation. If other health care professionals are actively involved i.e. social workers or nurses, all efforts to support the individual at home should be exhausted before referring for investigation under Neglected Adults. The Neglected Adults Act will be invoked only as a measure of last resort!!

  6. Procedure: • Assessment of the alleged neglected adult’s • Cognition • Physical and Mental Health • Living conditions • Risks to physical or financial well being • Knowledge and understanding of risks and plans • Investigate Process: • Speak with the individual • Speak with collateral resources • Attempt to implement services

  7. Questions for Investigation: • Does this person have family or friends who are willing to provide adequate care? • Is this person’s support network failing? • Is this person incapable of caring properly for themselves because of physical or mental infirmity? • Is this person alone without family or friends to support? • Does this person require treatment under the Mental Health Act including admission to an appropriate treatment facility?

  8. Questions for Investigation: • Is this person refusing services and therefore not receiving proper care and attention? • Is this person unaware of the risks associated with their specific situation? • Does this person present a danger to themselves or others? • Has every option been explored to support this individual in the community or long term care? • Is investigation under the Neglected Adults Act the only remaining option available to address this persons needs?

  9. If any of the noted questions are relevant to the individual, an investigation within the Neglected Adult Act is warranted. At times individuals are competent and have a network of informal support, but are choosing to live in conditions that are environmentally unacceptable. In such cases, investigation under Neglected Adults would not be appropriate however it may be an issue that requires resolution under the Municipalities Act.

  10. What to do if the alleged Neglected Adult or their caregiver is unwilling to participate in the investigation with the social worker?

  11. Obtaining a Warrant: • Complete an application to the Supreme Court, Unified Family Court • Under Section 5 of the Neglected Adults Welfare Act. • Contact the solicitor for the Department of Justice and provide required documentation of case history. • Present information to the court • Contact local police to assist with executing the warrant • Attempt to have a doctor attend while executing the warrant

  12. Obtaining a Interim Order: • Consult with the Director of Neglected Adults and the Department of Justice • Complete an application to the Supreme Court, Unified Family Court • Under Section 8 of the Neglected Adults Act • Obtain an affidavit from an attending physician in support of this application • Provide copies of all court documentation to the alleged Neglected Adult, prior to removal from the home, and to the police and hospital/facility administration.

  13. If Interim Order Required: • Investigating Social Worker responsibilities: • Secure an appropriate residential placement • Ensure the adult’s home is secured • Ensure that adults valuables are removed from the home and secured • Contact the post office regarding holding of the adults mail • Contact the bank to freeze the adults accounts • Inform utility services to not disrupt service • Inform creditors to prevent legal action occurring

  14. Application for Declaration of Neglect: • Prepare a report of the findings of the investigation process • Collaboration with the manager and the Director of Neglect Adults regarding the outcome of the investigation • Prepare case for court with solicitor from Department of Justice • Present evidence/application to the court • Under Section 6 (1) of the Act • Ensure that the alleged Neglected Adult has legal representation

  15. Following Declaration of Neglect: • A guardian will be assigned as Administrator of the individual’s estate, through the Public Trustee’s office. • The Director of Neglected Adults becomes legally responsible to provide medical consent for the individual. • Possible contact with family members must be assessed by the social worker for appropriateness • The social worker will complete semi-annual reports to the Director regarding the care of the individual.

  16. Where the judge finds upon the hearing of the application that the adult is a neglected adult, the judge may so declare and may, where it appears to him or her in the best interest of the adult declared to be a neglected adult, make an order:

  17. That the adult remain where the adult is living in the care and custody of the person in whose care he or she may be subject to supervision by the director. • That the adult be removed to the home of some suitable person and committed to the care and custody of that person, subject to supervision by the director; or

  18. c) That the adult be committed to the care and custody of the director, who in his or her discretion may make health care decisions on behalf of the adult or may order the adult be placed in an institution or a home which has been approved by the minister.

  19. Things to Remember: • Declaring an individual as Neglected should always be a Last Resort as this results in removing the person’s right to make any choices about their lives.

  20. Questions or Comments

  21. Contact Information Community Supports Program Intake Social Work Coordinator Stephanie Fleming 752-4717 Home and Community Care Program Intake Nursing Coordinator Beverly Green 752-4835 Royal Newfoundland Constabulary 729-8000

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