An Association's Response to Those Who Need Additional Living Care
Some older individuals choose to live out their final years in their residences alone rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience specific mental health issues that make them unable to care for themselves adequately. Associations are often at a loss with how to assist these individuals. Plus, associations are not professional healthcare or mental health providers, so they can't address such matters. Instead, associations will need to request help from family, friends, or governmental entities.
When Relatives Aren’t Available
Depending on the severity and facts of a particular situation, the association should contact known relatives to determine if there is someone available to assist, as the association should allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, and emergency contacts, to assist in such situations. However, there are cases when residents do not want their family to help, the family is unwilling or unable to help, or the association does not know of any relative or friend of the owner. In those instances, the association may need to see any governmental assistance.
The association can contact Code Enforcement if the property is in such disrepair that it is a code violation. Some counties also have Elder Helplines to get assistance. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.
What’s Neglect?
For issues regarding self-neglect, Associations can call Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline at (800-962-2873). They will most likely send out an investigator to investigate and perform assessments under Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that "senior neglect" is suspected. "Neglect" is defined in Section 415.102(16), Florida Statutes as follows:
"Neglect" means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult.
The term "neglect" also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness that produces or could reasonably result in serious physical or psychological injury or a substantial risk of death.
Contacting Law Enforcement
Finally, Associations should contact local law enforcement if the association is concerned for an owner's safety. Officers can perform a "welfare check" to check on the safety or well-being of a person. Such a check could lead to involuntary commitment under the Florida Mental Health Act, or what's known as the Baker Act. This call is a viable option when a person's inability to care for themselves presents a danger to themselves or others.
Suppose the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents or create hazardous conditions. In that case, the association could theoretically attempt to enforce the relevant provisions of the association's governing documents, usually through a nuisance provision.
Taking Legal Action
The toils of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action, including a "cease and desist" or "opportunity to cure" letter.
The association could use legal action to get a legal guardian appointed for the owner in these cases. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.
Dealing with residents who need help is difficult for associations with no one size fits all answer to resolve the predicament. Hopefully, the above options will provide some guidance and assistance. Contact our expert team at Condominium Associates today if you are unclear where to start if this issue should arise in your community.
