Protecting vulnerable persons : a socio-legal study of elder abuse response

This dissertation examines statutory response to elder abuse under British Columbia’s Adult Guardianship Act Part 3. This statute authorizes designated responders, who are employees of the health authority, to investigate and intervene in situations where adults are being abused or neglected and are unable to seek support and assistance on their own. Many cases involve older adults with dementia. This qualitative study examines how this statute is being implemented from the perspective of individuals who respond to reports of abuse under the authority of this legislation. In keeping with socio-legal research the goal is to understand how the legislation functions in practice rather than solely considering the meaning of the legislation as it is written or interpreted by courts. Data was collected through thirteen interviews and one focus group with designated responders who have experience responding to reports of elder abuse under this statute. Participants were asked how they interpret and implement this legislation when responding to reports of abuse or neglect of older adults and how they balance protection and autonomy. Data was coded and analyzed using thematic analysis. The study has four key findings. First, although study participants do not report struggling to balance the autonomy and protection personally, tension between these policy objectives can be seen in the interactions between designated agency staff, with some favoring autonomy and others favoring protection. Second, the findings reveal confusion within the designated agency about the meaning of capacity. Third, there are gaps between the legislation and its implementation, caused by insufficient training and a shortage of resources. Fourth, study participants describe using supportive strategies that align with the statute’s guiding principles when they respond to cases of elder abuse. I argue that the supportive approach that participants describe shares a common philosophy to the Convention on the Rights of Persons with Disabilities. I make recommendations about how to address implementation issues that are resulting in gaps between the legislation's guiding principles and philosophy and its implementation. I also identify problems with the legislative framework that may contribute to these gaps, and I recommend a review of the legislation.