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The Adult Protection Act June 15, 2012

The Adult Protection Act June 15, 2012. Background. An Act Respecting the Protection of Adults Replaces the Neglected Adults Welfare Act (1973) Passed in May 2011. Purpose. The overall intent of the Act is to ensure that adults are protected from harm.

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The Adult Protection Act June 15, 2012

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  1. The Adult Protection Act June 15, 2012

  2. Background • An Act Respecting the Protection of Adults • Replaces the Neglected Adults Welfare Act (1973) • Passed in May 2011

  3. Purpose The overall intent of the Act is to ensure that adults are protected from harm. Adults in need of protective intervention are those who lack the capacity to understand and appreciate their current level of risk.

  4. Application This Act applies to every adult in NL, including adults living in personal care homes and long term care facilities.

  5. Service Principles • Right to live lifestyle of choice • Best interests of the individual must be at the center of all interventions • Right to be involved in decision-making • Right to the most effective but least intrusive forms of support

  6. Service Principles • Intervention should be specifically designed for the individual • Family ties and contacts should be preserved when appropriate • If an adult desires, he/she should be encouraged to obtain support/advice from family and friends in decision making and assistance in communication

  7. Adult in Need of Protective Intervention An Adult in Need of Protective Intervention means an adult who lacks capacity and who: • Is incapable of caring for himself or herself or who refuses, delays or is unable to make provision for adequate care and attention for himself or herself; or • Is abused or neglected.

  8. Capacity • An adult is able to understand information relevant to the decision where that decision concerns his or her health care, physical, emotional, psychological, financial, legal, residential or social needs; • and/or is able to appreciate the reasonable foreseeable consequences of a decision or the lack of a decision.

  9. Capacity • Premise is that all adults have full capacity unless proven otherwise • Refers to the ability to make a specific decision at a specific time • Capacity may exist in one area but not another • Temporary factors may influence capacity

  10. Capacity • Capacity is a fluid concept...any change in a person’s status should be re-evaluated • Diagnosis or disability does not define capacity • Supports and accommodations are necessary for some adults to make capable decisions • Assessment is coordinated, whenever possible, by a social worker. The best capacity assessment is a thorough one involving a team of professionals. • Assessment includes interviews, records review, collateral information and professional judgment.

  11. Directors • Provincial Director of Adult Protection is appointed by the Minister, who shall advise the Minister, work with regions, monitor activity and be custodian, if an adult is declared in need of protective intervention • Regional Director means a person appointed by a Regional Health Authority with responsibility for adults in need of support or protective intervention

  12. Reporting • Mandatory when it is suspected that adult is in need of protective intervention • Fine not exceeding $10,000 or imprisonment up to one year • Offences apply to this Act, not a criminal action

  13. Process • Receipt of information • Evaluation (Assessment) • No action required/referral to services/investigation • Application for declaration • Service plans • Appeals

  14. Emergency Intervention • A regional director in consultation with the provincial director may take emergency intervention without a warrant to protect a person by removing the person to safety • Within 2 clear days application must be made to the court for an order • Emergency intervention to protect assets • Within 2 clear days application must be made to the court for an order

  15. Structure • Adult Protection Steering Committee • Adult Protection Aboriginal Committee • Capacity Sub-committee • Abuse Sub-committee

  16. Ongoing Work! • Draft Regulations • Draft Policy Manual • Education and Training • Public awareness campaign • Evaluation (Accountability Framework) • Proclaim (Future Date)

  17. Contact Information • Suzanne Brake Director: Office of Aging and Seniors Director: Neglected Adults 729-4957 • Carol Snelgrove Policy and Training Specialist 729-4349

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