Reporting an older person living in inhumane conditions

It is the protocol that says which agency does what when someone reports a person aged sixty or over living in conditions that put their life at risk. For the caller, what matters is that the law sets a clock: twenty-four hours from the referral for personnel to appear on site.

It covers every person aged sixty (60) or over living in inhumane conditions as the law defines them. Anyone may report: the protocol applies to all personnel providing services to the elderly population who work in Puerto Rico Government agencies and its municipalities.

• That the person be sixty (60) years of age or older.Verified against the official source
• That they live in conditions inappropriate for a human being because basic needs are unmet: without potable water, without electric power, without basic necessities, or in extreme poverty.Verified against the official source

Information pending verification.

1. 1

   Step 1: Twenty-four hours, and the law says it twice

   This is the figure worth citing when you call. For the Department of the Family: “Personnel of the Adult Services Program or the Social Emergencies Program must travel within no more than twenty-four (24) hours of receiving the referral, to where the person lives in inhumane conditions, to assess the situation and develop and implement the corresponding action plan.” For ASSMCA, the same term and the same wording, through its Internal Services Division or its Homeless Persons Program.

2. 2

   Step 2: Which agency, by diagnosis

   The law splits cases along a single line. The Department of the Family handles inhumane-conditions cases “where the person does not present a severe and persistent mental or addictive disorder.” ASSMCA handles those “where the person has a diagnosis of a severe and persistent mental or addictive disorder.” And if Familia discovers the diagnosis during the visit, it refers the situation through the Auxiliary Treatment Administration, attached to ASSMCA.

3. 3

   Step 3: What counts as “inhumane conditions”

   The definition is in the law and worth reading before doubting whether your case qualifies: “Housing conditions inappropriate for a human being, because basic needs are not met and the minimum guarantees every person needs to enjoy an adequate standard of living to preserve health and well-being are not fulfilled. These include conditions posing a health risk, such as lacking potable water service, electric power service, lacking basic necessities, and/or living in conditions of extreme poverty.”

4. 4

   Step 4: Years in that state does not justify waiting days

   It is the law’s most useful sentence when someone tries to downplay the urgency, and it sits in the case-handling article: “Situations where people live in inhumane conditions must be addressed promptly and diligently. The fact that a person has lived in such conditions for a prolonged time does not justify their waiting days to be removed to a safe and adequate place.” The same article requires the person always be treated with respect, dignity and sensitivity.

5. 5

   Step 5: If there is a medical emergency, 9-1-1 is part of the protocol

   It is not an alternative to the referral: it is part of the same protocol. Where the person’s health condition requires immediate intervention as a medical emergency, Department personnel shall call the 9-1-1 Service for prompt and effective coordination of Emergency Medical Services. The 9-1-1 Service personnel shall activate the resources needed for emergencies arising during the intervention, and Emergency Medical Services shall provide first aid, pre-hospital medical care and, on request, transport to the appropriate hospital facility.

6. 6

   Step 6: Family first, and if none appears, relocation within 24 hours

   Where the person has relatives or guardians with legal responsibility for their care, Department personnel shall immediately take steps to contact them, so they assume their responsibility. And the law closes the door on delay: “If relatives cannot be reached, they must coordinate within no more than twenty-four (24) hours the immediate relocation of the elderly person to a facility.”

7. 7

   Step 7: If the person refuses help

   The law compels nobody by force without going through the court. If the elderly person refuses family support or the services coordinated by the Department, the relative or Department personnel shall request a Judicial Order to determine their capacity to make decisions affecting them, precisely because the way they live is deemed to put their health, life and safety at risk, as well as that of those around them. When executing that Judicial Order, the Police must ensure the safety of the process.

8. 8

   Step 8: Housing comes after, not before

   The order matters. If a person already placed in a facility can care for themselves and needs housing repair or construction services, or placement in independent housing, the case is referred to the Housing Department. Family Department Adult Services Program personnel continue as a support resource until the person is relocated from the long-term care facility to independent housing.

The referral goes to the Department of the Family or to ASSMCA depending on the diagnosis, and the Office of the Advocate for Elderly Persons is the other entry point: the law provides that the Office shall refer inhumane-conditions cases to the corresponding agencies, act as a support resource and facilitator, follow up under its internal regulations, ensure the rights of the persons served, and failing that, use the resources of its Organic Act and take any judicial action necessary to enforce those rights. If what you have is abuse or financial exploitation, that is the Advocate’s complaint guide; if the person went missing and has Alzheimer’s or dementia, that is the SILVER Alert guide.

• Waiting “to see if it improves”: the law says a long time in that state does not justify waiting days.
• Calling the wrong agency: Familia if there is no severe mental or addictive disorder; ASSMCA if there is.
• Believing you must be a relative to report: anyone may do so.
• Thinking the person must accept the help: if they refuse, the route is a Judicial Order on their capacity.
• Confusing it with a housing case: housing comes after relocation, not before.
• Assuming the minimum age is 65: the law defines an elderly person as sixty (60) years or older.

These are the government pages this guide is based on.

• Departamento de la Familia

  Familia

  bvirtualogp.pr.gov