Cap. 659 · Protection Of Adults In Situations Of (Cap. 659)
Cap. 659 Art. 7Guiding principles. Cap. 16. 8 [CAP.
PART II
This Act is to be administered in accordance with the following guiding principles:
(a) an adult shall be entitled to live in the manner he wishes and to accept or decline assistance offered by the
Director, utilising any safeguards to his personal autonomy provided for and exercised in terms of the Civil Code where necessary:
Provided that the Director and his office shall, when offering such assistance, provide age-appropriate and gender-sensitive advice, that also respects other intersecting characteristics when addressing vulnerability resulting from inequalities linked to such characteristics, such as increased vulnerability of adults with a disability to gender-based violence;
(b) an adult who is in need of assistance or protection should receive the most effective but least restrictive or intrusive assistance or protective intervention, as the case may be;
(c) in relation to the provisions of assistance or protective intervention to an adult who is in need of assistance or protection, the paramount consideration shall be to ascertain the will and preferences of the adult, while making every effort towards addressing and respecting the adult’s rights, needs and interests, while acting in an age-appropriate and gender-sensitive manner, with full respect for other intersecting characteristics including a person’s cultural or religious background:
Provided that when obtaining a determination of the adult’s will and preferences is not practicable, the Director shall instead make a best interpretation of such will and preferences, also taking into account the past statements, values, beliefs and life history of the adult; 659.] VULNERABILITY
(d) assistance or protective intervention provided to an adult who is in need of assistance or protection should address the specific needs of the adult and be reviewed and revisited on a regular basis by the Director, including with reference to any specific provisions ordered by this Act, in particular in respect of hearing the adult in accordance with article 13, in order to be able to address any changes to such adult’s needs or circumstances.
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