Neglected Adults
Eastern Health
Community Supports Program
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.
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N-3 as amended was originally enacted in 1973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.
Criteria
A Neglected Adult is an adult …
1.
Who is incapable of caring properly for himself
or herself because of physical or mental infinity
2.
Who is not suitable to be in a treatment facility
under the Mental Health Act.
3.
Who is not receiving proper care and attention
4.
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.
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!!
Procedure:
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Assessment of the alleged neglected adult’s
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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
Questions for Investigation:
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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?
Questions for Investigation:
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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?
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.
What to do if the alleged
Neglected Adult or their
caregiver is unwilling to
participate in the
investigation with the social
worker?
Obtaining a Warrant:

Complete an application to the Supreme Court,
Unified Family Court
– Under Section 5 of the Neglected Adults Welfare Act.
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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
Obtaining a Interim Order:
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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
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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.
If Interim Order Required:
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Investigating Social Worker responsibilities:
– Secure an appropriate residential placement
– Ensure the adult’s home is secured
– Ensure that adults valuables are removed from the
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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
Application for
Declaration of Neglect:
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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
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Ensure that the alleged Neglected Adult has legal
representation
Following Declaration of Neglect:
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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.
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:
a)
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.
b)
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
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.
Things to Remember:
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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.
Questions or Comments
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