Who is a vulnerable adult?

A “vulnerable adult” is any person, 18 years of age or older, who is a resident or patient of a facility such as a hospital, group home, nursing home, day service facility, day activity center, adult foster care home or a person who receives services during the day from an agency that is licensed/certified by the Minnesota Department of Human Services or the Minnesota Department of Health such as a home care agency or a personal care service.

A vulnerable adult also includes a person who, regardless of where they live or what type of services they receive, possess a physical or mental infirmity or other physical, mental or emotional dysfunction that impairs the individual’s ability to provide adequately for their own care without assistance AND because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect themselves from maltreatment.

Who is a caregiver?

A person whose support enables another individual to live independently or semi-independently in the community OR a facility or service provider who has assumed responsibility for all or part of the care of a vulnerable adult voluntarily, by contract or by agreement. The term “caregiver” may or may not mean a legal or financial responsibility for the person.

What is maltreatment?

A. Neglect

-Failure or omission by caregiver to provide for basic needs such as:

-Food

-Health Care

-Clothing

-Shelter

-Supervision

-Neglect may be committed by:

-Caregiver

-Self

-It is not neglect for an authorized person to make decisions in good faith to give or withhold health care, feeding or spiritual means of healing.

-It is not neglect for a vulnerable adult to make decisions on their own behalf that place them at risk when they understand the consequences of the decision.

-Criminal penalties are in effect for some kinds of neglect

B. Abuse

-Assault in the first through fifth degrees.

-Criminal sexual conduct in the first through fifth degrees.

-Conduct producing any pain or injury

-Verbal abuse

-Hitting, slapping, kicking, corporal punishment, etc.

-Rule 40 violations - unauthorized use of aversive or deprivation procedures for persons with mental retardation or developmental disabilities

-Involuntary confinement, deprivation

-Promotion of prostitution

-Staff/facility sexual contact

-Unless pre-existing consensual sexual relationship

-Unless consensual relationship with a Personal Care Attendant (PCA)

-Criminal penalties now are in effect for some kinds of abuse.

C. Financial Exploitation

-When there is a legal financial relationship (such as Guardians, Power of Attorney, Conservators)

- Unauthorized use of Vulnerable Adult’s money or assets

- Failure to use a Vulnerable Adult’s money and assets resulting in harm to the vulnerable adult

-In absence of legal authority

-Willful use, withholding or disposal of a Vulnerable Adult’s assets

-Obtaining control of a Vulnerable Adult’s money and assets by fraud, coercion or harassment

-There are criminal penalties for financial exploitation

Where do I report maltreatment?

Each county has a designated Common Entry Point (CEP). Any incident of known or suspected maltreatment should be reported to the CEP. Contact your local human service agency for specific CEP information. Reports should be made to the CEP in the county where the maltreatment occurred. Nothing in the law prevents a reporter from also reporting to a law enforcement agency.

A mandated reporter may meet the reporting requirements by reporting to an internal reporting system; however, the facility remains responsible for complying with immediate reporting requirements. A facility may not prohibit a mandated reporter form reporting externally and is prohibited from retaliating against a mandated reporter who reports in good faith.

How do I report suspected maltreatment and is my report confidential?

Mandated reporters must make oral reports to the CEP or through their internal reporting system. To the extent possible, all reporters should be prepared to identify the vulnerable adult and the caregiver; the nature and extent of the suspected maltreatment; any evidence of previous maltreatment; the time, date and location of the incident; and other information regarding the situation.

HELPFUL TIPS

The following is a list of tips to help vulnerable adults maintain their independence in the community:

-Learn about and utilize resources:

-Home care agencies, social contacts, community and public health agencies.

-Crime prevention activities

-Banks and banking services (direct deposit, assistance in balancing checking and savings accounts)

-Physician, physician’s assistants, nurse practitioners

-Church and ministerial services

-Mental health services

-Keep accurate and complete records of finances

-Keep valuables put away

-Do not sign documents without the advice of an attorney, advocate or trusted friend.

-Keep involved with social activities (church, friends, social clubs, etc.)

-Develop a “buddy systems”:

-Make use of a weekly or daily contact by telephone or face-to-face visit with a friend or several friends.

-Do not leave your home unattended or unlocked or leave messages on your door.

-Review your Will periodically

-Do not accept personal care in return for a transfer of property or assets unless you have a trusted person (lawyer or advocate) act as a witness.

-Do not give up control of your property/assets unless YOU decide you cannot manage them any longer.

Legal Guidance

Consult your attorney for more information regarding these options:

-Advanced Directives/Living Will

A document in which a competent adult can make his/her wishes known regarding medical care. This document can be revoked or changed at any time.

-Power of Attorney

A document signed voluntarily by a competent adult authorizing another person or corporation to act on their behalf for financial and/or other matters. This arrangement terminates upon death of the person; at a time specified in the document; or, when the person revokes the power in writing.

-Durable Power of Attorney

Similar to Power of Attorney; however, special wording allows the Power of Attorney to continue in the event the authorizing adult becomes incompetent.

-Conservatorship

Legal proceeding in which one person is appointed to act as a substitute decision-maker for another person. Conservatorship does not presume that the incapacitate person is incompetent in all areas of his/her life. It can be tailor-made to meet the needs of the individual. Additionally, a person under conservatorship still holds the right to vote. Conservatorships can be voluntary or involuntary and can be the person and/or estate.

-Guardianship

Legal proceeding in which a person is appointed to act as a substitute decision-maker for another person. This is the most restrictive option. A person under guardianship loses all rights. The guardian becomes responsible for all aspects of the incapacitated person’s life.

FOR MORE INFORMATION

CALL OR WRITE:

Your Local County Human Service Agency

Senior Linkage Line

1-800-333-2433 or (507) 345-8040

Office of Health Facility Complaints, Minnesota Department of Health

Golden Rule Building

43 East 7^th Place

Suite 300

PO Box 64970

St. Paul, MN 55164

Monday – Friday, 8:00 a.m. – 4:30 p.m.

(651) 215-8702

1-800-369-7994

Office of Ombudsman for Older Minnesotans

121 East 7th Place

Suite 410

St. Paul, MN 55101

1-800-657-3591 or (651) 296-0382

Minnesota Department of Human Services, Division of Licensing

444 Lafayette Road

St. Paul, MN 55155-3843

(651) 296-3971

Minnesota Department of Human Services, Vulnerable Adults

444 Lafayette Road

St. Paul, MN 55155-3843

(651) 296-4019 or (651) 296-3730

Office of Ombudsman for Mental Health and Mental Retardation

444 Lafayette Road

St. Paul, MN 55155-3843

1-800-657-3506 or (651) 296-3848

Contact Faribault Center at (507) 526-3265 or Martin Center at (507) 238-4757and ask for Social Services Intake. Between 9 AM to 5 PM, Monday through Friday, excluding major holidays; Human Services is the Common Entry Point.

Evenings from 5 PM until 8 AM the following day, weekends and major holidays the Law Enforcement Center in each county is the Common Entry Point. Martin County Law Enforcement Center’s number is 507-238-4481. Faribault County Law Enforcement Center’s number is 507-526-5148. Dispatch will contact the appropriate personnel. On-call staff will contact you so that you can give your information.