Vulnerable Adults
Applications for court order under Vulnerable Adults Act
What is the Vulnerable Adults Act?
The Vulnerable Adults Act (“Act”) came into force on 19 December 2018. The purpose of the Act is to protect vulnerable adults from abuse, neglect, or self-neglect, and to provide mechanisms where timely and effective interventions can be made to prevent further abuse or neglect from happening.
The Act is designed to fill the narrow gap where family and community interventions have been exhausted. Under the Act:
- vulnerable adults can be placed in appointed care facilities to ensure safety and welfare;
- appointed professionals in the community may apply for protection orders for vulnerable adults; and
- case workers and other professionals working with vulnerable adults will be protected from liability when performing duties in good faith.
Who is considered a Vulnerable Adult?
Section 2 of the Act defines a “Vulnerable Adult” as an individual who is 18 years old or older, and is by reason of mental or physical infirmity, disability, or incapacity, incapable of protecting himself or herself from abuse, neglect, or self-neglect.
What constitutes abuse, neglect, or self-neglect?
“Abuse” includes physical, emotional, or psychological abuse. It also includes situations where certain conduct or behaviour causes the other individual to fear for his or her safety or wellbeing, as well as conduct or behaviour by an individual that unreasonably deprives, or threatens to unreasonably deprive, another individual of that individual’s liberty of movement or wellbeing.
“Neglect” means means the lack of provision of essential care – such as food, clothing, medical aid and lodging – to an individual that causes personal injury, physical pain or injury to physical/mental health.
“Self-neglect” includes situations where an individual fails to perform essential tasks of daily living (including but not limited to eating, dressing and seeking medical aid) to care for himself/herself. This results in the individual living in grossly unsanitary or hazardous conditions; suffering from malnutrition or dehydration; or suffering from an untreated physical or mental illness, or injury.
What is a Deed of Family Arrangement?
A deed of family arrangement is a legal document signed by all members of a family concerned. It serves as an agreement to settle familial disputes like the division of family property, divide family property, confer some benefit upon specific family members in a will, etc.
A deed of family arrangement may be invalidated if one or more of the following can be established:
- Non-disclosure of a material fact;
- Unfair pressure (undue influence, duress and/or misrepresentation); or
- Successful plea of non est factum.