Overview

When adults are abused or neglected, it can be difficult to know if or when to step in and help. We assume that adults can take care of themselves, but we know this is not always true. Sometimes adults cannot seek the help they need because of a physical restraint, a physical handicap, an illness, disease, injury or other condition that affects their ability to seek help or to make decisions.

In B.C., the Adult Guardianship Act (AGA) addresses these types of situations. The Act defines abuse, neglect and self-neglect. The Act provides legal tools to protect adults if they cannot seek help themselves. It also outlines the principles that guide how help is to be provided in such cases:

• All adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they are capable of making decisions about those matters
• All adults should receive the most effective, but the least restrictive and intrusive, form of support, assistance or protection when they are unable to care for themselves or their financial affairs
• The court should not be asked to appoint and should not appoint a guardian (known as a “committee” in B.C.) unless alternatives such as providing support and assistance have been tried or carefully considered
• Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs unless this is proven to be not true
• An adult’s way of communicating with others is not grounds for deciding that they are incapable of making decisions

The AGA defines abuse, neglect and self-neglect as follows:

Abuse: Deliberate mistreatment that causes physical, mental or emotional harm, or damage to, or loss in respect of, the adult’s financial affairs. It includes:

• Intimidation
• Humiliation
• Physical assault
• Sexual assault
• Overmedication
• Withholding needed medication
• Censoring mail
• Invasion or denial of privacy
• Denial of access to visitors

Neglect: Any failure to provide necessary care, assistance, guidance or attention if that failure causes, or is reasonably likely to cause, within a short period:

• Serious physical, mental or emotional harm
• Substantial damage or loss in respect of the adult’s financial affairs

Self-neglect: Any failure of an adult to take care of themselves that causes, or is reasonably likely to cause, within a short period of time, serious physical or mental harm or substantial damage or loss in respect of their financial affairs. It includes:

• Living in grossly unsanitary conditions
• Suffering from an untreated illness, disease or injury
• Suffering from malnutrition that is likely to severely impair someone’s physical or mental health, creating a hazardous situation that will likely cause serious physical harm to them or others, or cause substantial damage to or loss of property
• Suffering from an illness, disease or injury that results in the adult dealing with their financial affairs in a manner likely to cause substantial damage or loss

Reporting abuse, neglect or self-neglect

You are not legally required to report adult abuse in B.C. However, as a concerned citizen, you may want to report that you have noticed someone is in a difficult situation and cannot seek help on their own. This could be due to a physical disability restraint, or an illness, disease or other condition (such as dementia, brain injury, or stroke) that affects their ability to make decisions.

How to report abuse, neglect or self-neglect

What should you do if you think an adult is experiencing abuse, neglect or self-neglect? First, talk to them if you feel comfortable doing so. Try to find out if they need assistance and if there's someone you can contact for them. If you still think they need help, here are some steps you can take:

Is it an emergency?

If the situation is an emergency and you think someone's safety or life is at immediate risk, please call 911.

Can the adult seek help themselves?

If you think the adult is able to help themselves, let them know you are concerned and if they wish, support them to contact an agency they already know and trust, or one of the following community resources:

• A local agency within the adult's community: Community Response Network
• The local general police number, if it’s not an emergency
• Seniors Abuse and Information Line (SAIL), operated by Seniors First BC: 604-437-1940 or 1-866-437-1940 (Language interpretation is available on week days)
• VictimLinkBC: 1-800-563-0808 (provides service in 150 languages, including some Indigenous languages)

When to make a report to a designated agency

If you are concerned or unsure that the adult cannot seek help themselves because of a physical restraint, physical handicap, illness, disease, injury or other condition that affects their ability to make decisions, you can contact a designated agency. Under the Adult Guardianship Act (AGA), designated agencies have a legal responsibility to look into reports of abuse and neglect. They work to identify and provide the support the adult wants and needs. If a designated agency has reason to believe that a criminal offence has been committed against an adult who is abused, neglected or self-neglecting and unable to seek help on their own, they must report the facts to the police. Contact a designated agency

When to make a report to the PGT

The Public Guardian and Trustee (PGT) has the authority under the Public Guardian and Trustee Act to investigate reports of financial abuse, neglect, and self-neglect when an adult’s assets are at risk, and when there are concerns about the adult’s capability to manage their financial affairs. We receive reports from designated agencies, involved professionals, families and other concerned citizens. A designated agency is one of the five regional health authorities, Providence Health Care and Community Living BC (which provide supports to adults with development disabilities). Designated agencies are required to investigate allegations of abuse, neglect and self-neglect of vulnerable or incapable adults.

If you have concerns about the financial and legal affairs of a vulnerable adult, you can make a report to the PGT. We will provide initial support and, if necessary, conduct an investigation to determine any further assistance the adult may need. For more information, see Vulnerable adults experiencing abuse, neglect or self-neglect. If the report to the PGT is regarding concerns about physical risk or harm to the adult, we will refer the situation to a designated agency.

Additional resources

See Decision Tree: How to Assist an Adult who is Abused, Neglected or Self-neglecting (PDF, 424KB) to better understand which agencies to contact to make the most effective referrals for adults who may be vulnerable or incapable.

Designated agency contact information