South Carolina Supreme Court Rejects “Vulnerable Adult” Conclusion Based on Age
In Doe v. South Carolina Department of Social Services, the state’s Supreme Court analyzes the standards for state intervention to provide involuntary protective services on the grounds the individual is a “vulnerable adult” under South Carolina’s statutory authority. In a 3 to 2 decision filed on April 30, 2014, the majority of the court Court concludes:
“Although we believe the family court was well intentioned, we find that it erred in classifying Doe as a vulnerable adult under the Act. Specifically, there was no evidence that Doe’s advanced age impaired her ability to adequately provide for her own care and protection. Without this threshold determination, the court erred in ordering Doe to remain in protective custody until the identified protective services were completed.”
The dissent finds the majority’s reasoning too narrow, pointing to the following facts:
“On July 31, 2012, law enforcement officers went to the home of Doe, then age 86. Doe, suffering from a heart condition, lived alone. Doe refused entry to the officers. The doors and windows to the home were barricaded. The officers noticed a hose running from a neighbor’s home through a hole in the roof of Doe’s home. This was Doe’s only source of water, for water service had been stopped for nonpayment. The inside of the home was, according to the officers, ‘in an unsanitary and deplorable condition.’ There was mold present as well.”
The outcome of the case is influenced by the testimony of a physician, who despite the conditions of the home and the physical infirmities of Doe, observed that she “appeared to have ‘the minimum levels of competency to function independently’ as there was no evidence of dementia, severe emotional issues, or obvious physical limitations.” Doe was apparently either without adequate financial resoures or unable to manage her resources to live more safely in the home, but she firmly rejected the alternative of transfer to another setting.
Although overruling the trial court’s conclusion that Doe was a vulnerable adult, the Superme Court also remanded for additional findings of the current status of Doe, who received emergency services in the interim.
Tough facts that demonstrate the challenge of balancing safety for persons at risk of “self neglect” with respect for the autonomy of the individual, a challenge that can arise at any age. Poverty adds to the challenge.