The Older Persons Act Flashcards
The Older Persons Act 13 of 2006
The Older Persons Act was approved on the 29th of October and came into operation on the 1 April 2010
Purpose of the Act
The purpose of the Act is to deal effectively with the plight of older persons by establishing a framework aimed at the empowerment and protection of
older persons and at the promotion and maintenance of their status, rights, well-being, safety and security; and to provide for matters connected therewith.
Where does the act originate
The Act originates from the Constitution which seeks to improve the quality of life of all citizens and to free the potential of each person. It also recognises the Bill of Rights as set out in the Constitution which stipulates that everyone has inherent dignity and the right to have one’s dignity respected and protected.
What does the act deem necessary
The Act furthermore deems it necessary to effect changes to existing laws relating to older persons in order to facilitate accessible, equitable and affordable services to older persons and to empower older persons to continue to live meaningfully
and constructively in a society that recognises them as important sources of knowledge, wisdom and expertise.
Definition of ‘Care’
Means physical, psychological, social or material assistance to an older person and includes services aimed at providing the quality of life and general
well-being of an older person.
Definition of ‘Health Care Provider
Means a person providing health services in terms of
any law including the Health Professions Act 56 of 1974.
Definition of ‘Older Person’
Means a person who, in the case of a male, is 65 years of age or older and, in the case of a female, is 60 years of age or older.
Objects of the Act
Includes the maintaining and promotion of the status,
wellbeing, safety and security of older persons and to combat the abuse of
older persons.
Implementation of the Act
The Act must be implemented by all organs of
state rendering services to older persons in the national, provincial and, where applicable, local sphere of government in an integrated, co-ordinated and
uniform manner …. to the maximum extent of their available resources.
The General Principles of the Act
Include that all proceedings, actions or decisions by any organ of the state in any matter concerning an older person must:
1. Respect, protect, promote and fulfil the older person’s rights, the best interests of the older person and the rights and principles set out in the Act, subject to any lawful limitation;
- Respect the older person’s inherent dignity;
- Treat the older person fairly and equitably; and
- Protect the older person from unfair discrimination of any ground, including on the grounds of the health status or disability of the older person – and;
- In any matter concerning an older person:
- 1 An approach which is conclusive to conciliation and problem solving should be followed and a confrontational approach should be avoided; and
5.2 A delay in any action or decision to be taken must be avoided as far
as possible.
The Guiding Principles for Provision of Services
Include that any service must be provided in an environment that promotes participation of older
persons in decision-making processes, at all levels, promotes the respect and dignity of older persons, ensures that older persons receive priority in the
provision of basic services and ensures, as far as is practicable, that services and facilities are accessible to older persons.
Section 11 of the Act
Provides for the development of community-based
programmes aimed at, inter alia, information, education and counselling services, including HIV and AIDS, Alzheimer’s, dementia and basic emergency
care and medical services.
Home-based care programmes directed at frail older persons within the community may include provision of free health care to frail older persons and to other older persons determined by the Minister.
Section 21(3) of the Act
Stipulates that: “(a) An older person may not be
admitted to a residential facility without his or her consent, unless his or her mental condition renders him or her incapable of giving such consent, in which
case a person authorised to give such consent in terms of any law or in terms of a court order may give the required consent.”
In the absence of a person contemplated in paragraph (a), the required consent may be given by the spouse or partner of the older person concerned or, in the
absence of such spouse or partner, an adult child or sibling of the older person, in the specific order as listed ….. and that such consent may only be given after
a medical practitioner registered in terms of the Health Professions Act 56 of 1974, has certified that any delay in the admission of the older person might result in his or her death or irreversible damage to his or her health.
According to Section 25 of the Act
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 who must investigate the matter.
If the report is substantiated by investigation, the Director-General (or the social worker concerned) may take any one or more of the following actions, namely
to facilitate the removal of the older person concerned to a hospital, in case of injury or make a report to a police official. If the older person concerned is the
victim of an offence or crime, the older person must be assisted to see a police officer in order to lay complaint.
