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Avulnerable adult, sometimes called anincapacitated adult, is an adult who, due tomental orbodily disability, cannot take care of themselves without help from others.[1][2]
Adults usually become vulnerable bycognitive impairment such asDown syndrome.Aging can cause or worsen a person's vulnerability, by physical decrepitude and/or lack of money.[3][4][5]
Many vulnerable adults have suffered abuse,[6] thelong-term effects of which may aggravate their vulnerability.
A vulnerable adult's daily living activities may be affected by impairments such asilliteracy, communication difficulties,learning disabilities and other practical deficits. International initiatives (such as the UN'sSustainable Development Goal 4) try to fix this by giving them a fair chance to learn.[7]
Vulnerable adults'cognitive impairment puts them at greater-than-usual risk ofabuse (domestic orinstitutional) and exploitation.[8][9][10] Vulnerable adults are also at risk ofself-neglect if they do not receive sufficient support.[11]
Vulnerable adults often live inassisted living facilities orcouncil estates, depending on the degree of their vulnerability and the accessibility of such facilities. Adults who are vulnerable as a result of trauma may be offeredtrauma counselling.[12]
A vulnerable person'slegal status depends on the extent of their impairment. This can be difficult to assess. Some vulnerable people may not qualify forlong-term care despite being generally unable to live independently.
Vulnerable adults sometimes have guardians - these are individuals with a legal right to make decisions on their behalf, such as those related to medical care and housing.[13] Guardians may be family or friends,[13] or they may be professionals who make decisions on behalf of many vulnerable people in exchange for their money.[13]
NB The definition of a vulnerable adult in Section 59 of the 2006 Act is modified by theSafeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009, which excludes disabilities which don't make an adult vulnerable.
In the law ofEngland and Wales 'vulnerable adult' is loosely defined. Section 59 of theSafeguarding Vulnerable Groups Act 2006 says:[14]
1) A person is a vulnerable adult if he has attained the age of 18 and—
(a) he is in residential accommodation,
(b) he is in sheltered housing,
(c) he receives domiciliary care,
(d) he receives any form of health care,
(e) he is detained in lawful custody,
(f) he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
(g) he receives a welfare service of a prescribed description,
(h) he receives any service or participates in any activity provided specifically for persons who fall within subsection (9),
(i) payments are made to him (or to another on his behalf) in pursuance of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or
(j) he requires assistance in the conduct of his own affairs.[15]
In most parts of the world, the last section, (j), is what defines a vulnerable adult.[14]
People are starting to say 'adult at risk' or 'adult at risk of harm'[16] instead of 'vulnerable adult'.[17]
In Singapore, the Vulnerable Adults Act ("the Act") was signed on 19 December 2018.[18] The Act defines that a vulnerable adult includes anyone over 18 years old whose mental or physical disabilities leave them helpless against abuse, neglect, and self-neglect, which terms are defined in s.2.[19][20]
The United States uses the term "incapacitated adult" interchangeably with the term "vulnerable adult". The Department of Justice defines this as "an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance" (Civil Financial Exploitation 22 M.R.S. § 3472 (2020)[21]).
In 2012, GovernorMark Dayton ofMinnesota signed abipartisan bill for vulnerable adults which made abuse and neglect into felony offenses. The bill also increased the penalties for those who use restraints to harm children.[22]
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Lawmakers worked with health care workers and the nurses union to craft the law. TheMinnesota Nurses Association said:[23]
The compromise was an effort between all parties to protect the rights of workers in cases of understaffing, while giving the county attorney the right to charge someone who intends to neglect a vulnerable adult with a felony as opposed to a gross misdemeanor.
Before this law, the most severe charges were grossmisdemeanors with no prison time. This law means that bodily injury carries a penalty of up to 10 years in prison or up to $10,000 fine or both. On the other hand, partial or considerable bodily harm could bring up to five years in prison and/or up to $5,000 in fines.[24]
An estimated 12% of Latin America and the Caribbean has a disability. This amounts to 66 million people. TheECLAC has allocated resources to examine what can be done for housing for disabled people as well programs for education and employment.[25]
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