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Older Persons Act, 2006 (Act No. 13 of 2006)

Chapter 5 : Protection for Older Persons

25. Older person in need of care and protection

 

(1) Any person who is involved with an older person in a professional capacity and who on personal observation concludes that the older person is in need of care and protection must report such conclusion to the Director-General.

 

(2) Any person other than a person in subsection (1) who is of the opinion that an older person is in need of care and protection may report such opinion to a social worker.

 

(3) The Director-General or the social worker to whom a report has been made must investigate the matter.

 

(4) If the report is substantiated by the investigation, the Director-General or the social worker concerned may take any one or more of the following actions, namely—
(a) facilitate the removal of the older person concerned to a hospital, in case of injury, or to a shelter;
(b) make a report to a police official requesting the latter to act in terms of section 27;
(c) take such other steps as may be prescribed to ensure adequate provision for the basic needs and protection of the older person concerned; or
(d) if the older person concerned is the victim of an offence or crime, assist the older person to see a police official in order to lay a complaint.

 

(5) An older person who is in need of care and protection is one who—
(a) has his or her income, assets or old age grant taken against his or her wishes or who suffers any other economic abuse;
(b) has been removed from his or her property against his or her wishes or who has been unlawfully evicted from any property occupied by him or her;
(c) has been neglected or abandoned without any visible means of support;
(d) lives or works on the streets or begs for a living;
(e) abuses or is addicted to a substance and without any support or treatment for such substance abuse or addiction;
(f) lives in circumstances likely to cause or to be conducive to seduction, abduction or sexual exploitation;
(g) lives in or is exposed to circumstances which may harm that older person physically or mentally; or
(h) is in a state of physical, mental or social neglect.