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Older persons may become vulnerable for many reasons, including declining health, isolation, financial dependence, or unsafe living conditions. The Older Persons Act 13 of 2006 recognises these risks and sets out a clear framework to ensure that older persons receive assistance when they are unable to care for themselves or are exposed to potential harm.
An older person is regarded as being in need of care and protection when they are unable to look after themselves or face a real risk of harm. This may include physical abuse, emotional abuse, financial exploitation, neglect or unsafe living conditions. The Act aims to intervene before the situation becomes severe, placing emphasis on early reporting and structured assistance.
When an older person is considered to need care and protection
An older person is regarded as needing care and protection when they cannot meet their daily needs, are living in conditions that may place them at risk or are exposed to neglect or exploitation. This includes circumstances where the person's physical, emotional, or financial wellbeing is compromised, even if no abuse has occurred.
The aim of the Act is to ensure early intervention, so that support can be provided before the situation deteriorates.
Duty of professionals to report
Section 25(1) places a compulsory duty on certain categories of professionals who work with older persons. This includes:
- Medical practitioners;
- Nurses;
- Social workers;
- Caregivers; and
- Others who, through the nature of their work, are in a position to observe the person's condition.
If any of these individuals form the view that an older person requires care and protection, they must notify the Director-General without delay. This obligation ensures that those with professional insight act promptly when they identify signs of vulnerability.
Role of the public
Section 25(2) allows any member of the public who has reasonable grounds for concern to report their observations to a social worker. This provision recognises that neighbours, relatives, friends, and community members are often the first to notice changes in an older person's circumstances.
How the matter is handled once reported
Under Sections 25(3) and (4), the Director-General or a designated social worker must investigate every report. The investigation may involve:
- visiting the older person at home;
- conducting interviews;
- Assessing their physical and emotional wellbeing; and
- Determining whether additional support or intervention is necessary.
Where the person's safety or health is at risk, authorities may take immediate protective steps. These may include:
- Arranging temporary placement in a hospital, care facility, or shelter;
- Contacting the South African Police Service where criminal conduct is suspected;
- Ensuring access to essential services and medical care, and
- Assisting the older person to lodge a complaint if appropriate.
The purpose of these measures is to stabilise the situation and place the older person in a position where their dignity and wellbeing are protected.
The importance of timely reporting
Early reporting gives professionals the opportunity to intervene before the older person's condition worsens. It also ensures that the person receives appropriate support, which may include medical treatment, counselling, assistance with finances, or help securing safer living arrangements.
The Act relies on cooperation between professionals and the wider community. Each report helps ensure that older persons are not left to cope alone, particularly where they may be unable or unwilling to seek help themselves.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
