Elder abuse and decision-making: a guide for guardians
Written by Oliver Cumming.
As a guardian, you have an obligation to protect the person you represent from abuse, neglect, and exploitation within the scope of your role. In this article, we take a closer look at the types of decisions you may need to make if you are the guardian of an older person, to keep them safe from abuse.
There are a number of types of elder abuse, including physical, emotional and financial. It is important to be aware of the signs of elder abuse, so you can recognise when it is occurring and respond appropriately to prevent it. Understanding what elder abuse is and how it occurs, is the first step at protecting an elderly person from harm. For further information and resources visit Elder Abuse Action Australia.
Making decisions to bring in supports
An important way to prevent elder abuse is for guardians to consent to services such as day programs or community groups. Many older people have a small social network or limited social participation. This can make them more prone to exploitation, as there may be no one to witness or report abuse.
Building the person’s social network and community ties can combat isolation and also assist in identifying the signs of abuse. For example, if the person is not attending their usual social activities, this can be a sign that something is amiss.
Making decisions about who can contact or access a person
If you’re a guardian with the access function, you have the authority to decide who can visit the person you represent, what type of contact is allowed, and when that will occur.
When it comes to responding to elder abuse, an access decision may involve you placing limits on someone’s contact with the person, to protect them from harm, conflict, or undue influence. This can include limiting contact to certain days and times and having contact while the person is receiving supports.
Access decisions are often made in the context of family conflict that is negatively affecting the person, or when someone is interfering with the care of the person to the extent that it places them at significant risk.
It’s important to know that an access decision can sometimes be difficult to enforce if people refuse to comply. In these situations, you should discuss your concerns with the person who is not adhering to the access decision and consider whether it can be changed to make cooperation easier.
Keep in mind, that as the guardian, your primary concern is for the person and what is in their interests. You are not responsible for making a decision that suits everyone else.
In circumstances where there are concerns of abuse, more serious action such as referrals to the police or Ageing and Disability Commission may be required.
Making accommodation decisions
If the person is living at home and concerns about abuse have not been able to be managed through other avenues, such as bringing in additional supports, a decision to move the person to a safer location can be considered.
In these situations, it is likely there are other factors contributing to the person’s ability to continue living at home, such as a decline in their cognition and associated increase in care and support needs.
Any decision about where a person lives is a serious one. It is important to involve the person as much as possible and hear their views.
Consenting to respite accommodation for a period of time is an option to help ensure the person is safe, while a longer-term solution is developed.
From there, professional assessments such as those carried out by an aged care assessment team will help inform what supports and accommodation will be most suitable long term.
This might include advocating for additional services to support the person to stay at home, or if needed, other options such as moving to an aged care facility.
Equip the person with information
One of the most important ways you can support the person you represent is by providing them with information about abuse and their rights.
Best-practice guardianship involves the person in the decision-making. This could mean providing meaningful information in a way that they understand, to allow for greater choice and control.
Contact the Guardian Support Unit
Contact the Guardian Support Unit on 1300 361 389 or pg.engagement@opg.nsw.gov.au.
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