Older Persons (Amendment) Bill, 2024

Overview

The Ministry of Investment, Innovation and Social Development (MIISD) is undertaking legislative reform to the Children Act (2012 Revision), Adoption of Children Act (2021 Revision) and Older Persons Act, 2017. These amendments represent a continued commitment to safeguarding and enhancing the rights and protections for children, young people, and older persons in the Cayman Islands. This consultation is specifically in regards to the Older Persons (Amendment) Bill, 2024.

Legislation Highlights:

• Enhance the functions of the Council for Older Persons: The functions of the Council for Older Persons will be focused on three key areas: being a key source of information for older persons, advocating to Government to influence policy and planning towards developing an age-friendly community and promoting the rights and concerns of older persons in the broader community. 
• Empowerment by the Department: The Department responsible for older persons will focus on safeguarding the well-being of older persons, as well as offering programmes based on the identified trends of the needs of older persons This includes economic empowerment, recreational opportunities, and fostering an age-friendly community.
• Access to Rights for Older Persons: The legislation amendments ensure that older persons have equal access to goods, services, and programmes, promoting social inclusion. It supports older persons' autonomy by assuming they have capacity to make decisions unless it is determined otherwise.
• Abuse and Neglect Provisions: A framework for reporting and investigating abuse and neglect is established, emphasising the protection of older persons and ensuring their well-being is a paramount concern. The proposed amendments establish that abuse and neglect against an older person by someone in a position of trust is an offence. 
• Intervention Orders: The legislative framework allows for applications to the Grand Court for intervention orders, facilitating protection over property, financial affairs, and personal well-being when an older person is deemed to lack capacity by any person, or by the Department.
• Establishment of the Older Persons Tribunal: A Tribunal is introduced to address issues concerning older persons, providing a venue for advocacy and resolution of disputes regarding their rights and the requirements on mandatory reporters in the legislation.

Why your views matter

The Older Persons (Amendment) Bill, 2024 will further strengthen legal protections for older persons, ensuring their rights are upheld and that they the necessary safeguards are in place to support them. The changes also reflect the growing needs of older persons and the Government’s commitment to fostering an age-friendly community.

The amendments are a part of the continued commitment to ensuring best practice and enhancing the framework and delivery of services for children and  Older persons within the Cayman Islands.

We want to seek feedback to ensure that the amendments are fit-for-purpose.