Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!(b) refuses, delays or is unable to make provision for his proper care and attention(s. 34(1)).An elderly person is an adult who is at least 65 years old, and if there is no evidence ofage, an adult who appears to be at least 65 (s. 1).3. Principles and ValuesThe Preamble to the Family Services Act recognizes “that elderly, disabled anddependent persons are entitled to protection and can benefit from social services whichensure the opportunity for personal development.”4. Responding to Elder Abuse and NeglectA professional person who has reason to believe someone is an abused or neglected adultmay report the concern the Minister of Social Development under the Family Services Act(s. 35.1(1)). A professional person is a care facility worker, vocational counselor ortrainer, educator, physician, nurse, dentist or other health or mental health professional,hospital, social work or recreation services administrator, social work or other socialservice professional, police or law enforcement officer, psychologist, guidance counselor,and any worker who has a responsibility to care for an elderly person or disabled adult (s.35.1(5)).The law does not discuss reports of abuse by anyone other than a professional person.5. Elder Abuse and Neglect in the WorkplaceNo action may be brought against a professional person who reports abuse or neglect ingood faith to the Minister of Social Development (s. 35.1(2)).6. Confidential InformationProfessionals, non-professional staff and volunteers must normally get consent from anolder adult before disclosing personal or health information.A professional person may disclose to the Minister of Social Development informationthat was acquired through the discharge of the professional person’s duties or within aprofessional relationship (s. 35.1(1)).The Personal Health Information Privacy and Access Act reinforces this right to disclosehealth information if required by another law (s. 42) or if required (s. 39(1)):(a) to prevent or reduce a risk of serious harm to the mental or physical healthor safety of the individual to whom the information relates or anotherindividual, or(b) to prevent or reduce a risk of significant harm to the health or safety ofthe public or a group of people, the disclosure of which is clearly in the publicinterest.! "#!