Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 4 : Residential Facilities21. Admission to residential facilities |
| (1) | No person may unfairly discriminate directly or indirectly against an older person applying for admission to a residential facility on one or more grounds referred to in section 9(3) of the Constitution. |
| (2) | If a person is refused admission to a residential facility, the manager of that residential facility must, on the request of that person, give reasons in writing for such refusal to the person. |
| (3) |
| (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; |
| (b) | In the absence of a person contemplated in— |
| (i) | 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; or |
| (ii) | paragraph (a) or subparagraph (i), the required consent may be given by the Minister. |
| (c) | The consent contemplated in paragraph (h)(i) or (ii) may only be given after a medical practitioner registered in terms of the Health Professions Act, 1974 (Act No. 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. |
| (4) | The operator of a residential facility must take all reasonable steps to obtain the older person’s consent. |
| (5) | Notwithstanding subsection (3), an older person who is capable of understanding must be informed of the intended admission even if his or her mental condition renders him or her incapable of giving the required consent in terms of that subsection. |
| (6) | The operator of a residential facility into which an older person is admitted as a result of consent given in terms of subsection (3)(b) must notify the Director General of the admission within 48 hours after such admission. |
| (7) | On receipt of the notice referred to in subsection (6), the Director-General may constitute such a multidisciplinary team as may be prescribed in order to assess and to confirm or reject the admission contemplated in that subsection. |
| (8) | Any person who contravenes this section is guilty of an offence. |