PRESENTATION FUNDING

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NOVA SCOTIA

• PRESENTATION FUNDING

• Human Resources andSkills Development Canada
  New Horizons for Seniors Program
• Federal Elder Abuse Initiative

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• CANADIAN CENTRE FOR ELDER LAW

• National non-profit
• Studies legal issues that concern older adults
• Legal research
• Law reform
• Outreach
• Legal education

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• NOT LEGAL ADVICE

• Information about resources and options
• Presenters are not necessarily lawyers
• If you need more information see the Resources
  Handout

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• LEARNING GOALS

• What is elder abuse and neglect?
• When and how should you respond?
• How do you identify the best response?
• Who to call for more informationor to report
  abuse?

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• What is Elder Abuseand Neglect?

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• ELDER ABUSE

• A single, or repeated act, or lack of appropriate
  action, occurring within any relationship where
  there is an expectation of trust, which causes
  harm or distress to an older person
• World Health Organization, 2002

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• ELDER ABUSE

• Action harming a person - ABUSE
• Not acting not providing care or helping a
  person when a person should have - NEGLECT

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MANY KINDS OF MISTREATMENT

• Physical
• Psychological
• Chemical
• Neglect
• Financial
• Sexual
• Spiritual
• Forced Confinement

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• PHYSICAL

• Hitting, slapping, punching, pushing
• Being rough
• Throwing objects

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• FINANCIAL

• Frauds and scams
• Pressuring someone into giving money or property
• Improper use of powerof attorney
• Identity theft

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• PSYCHOLOGICAL OR EMOTIONAL

• Causing mental suffering
• Yelling, intimidating
• Making threats
• Belittling, criticizing a person
• Harassment
• Doing things to frightena person

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• SEXUAL

• Any non-consensualsexual action
• Making unwantedsexual comments
• Doing anything sexual without permission
• Lewd gestures

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• CHEMICAL

• Overmedicating a person
• Denying needed medication
• Substituting over-the-counter medication
• Making medication decisions without consulting
  the older person or the correct substitute
  decision-maker

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• SPIRITUAL

• Preventing a person from practicing her or his
  faith
• Forcing a person to participate in a
  spiritualritual or to practice a religion

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• FORCED CONFINEMENT

• Locking a person in a room
• Restraining a person
• Denying a person access to the phone or visitors

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• NEGLECT

• Denying food or care
• Not giving proper care or assistance to someone
  who is dependent on you

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• ELDER ABUSE AND NEGLECT

• Often the abuser is a loved oneor person the
  older adult trusts
• Occurs at home and in care facilities can
  happen anywhere
• Can be one incident or ongoing

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• When and How are you Required to Respond to Elder
  Abuse?

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• RESPONDING TOABUSE AND NEGLECT

1. Talk to the older person
2. Help the person get support and assistance, refer
   to helpful agencies
3. Reporting abuse or neglect

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• QUESTIONS TO CONSIDER

1. Is the person in danger of harm?
2. Will money be stolen or spent?Property taken
   away?
3. Does the person appear to lackmental capacity?

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• ELDER ABUSE AND NEGLECT
• AND THE CRIMINAL LAW

• Some abusive acts are crimes
• Some acts might not be criminal even if very
  harmful
• Crimes can be reported tothe police

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• ADULT PROTECTION ACT

1. Every person has a duty to report abuseor
   neglect of a vulnerable adult.
2. Must report abuse of adults who cannotprotect
   themselves.
3. Must report neglect of adults who cannotcare for
   themselves.
4. Report in circumstance where the adultrefuses,
   delays or is unable to make arrangements for care
   or assistance.

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LEGAL DEFINITION OF ABUSE

• The law applies to
• Physical abuse
• Sexual abuse
• Mental cruelty
• Neglect
• Applies to some instancesof financial abuse

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• DUTY TO RESPOND

1. Report abuse to Adult Protection Services.
2. Failure to report is an offence.
3. A person can be fined for notreporting concerns.

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• PROTECTION FOR PERSONS IN CARE

• Law applies to older adults living in a hospital,
  residential care facility, nursing home or
  homefor older adults
• Anyone providing services in a health facility
  must report abuse or neglect that has occurred or
  is likely to occur

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• PROTECTION FOR PERSONS IN CARE

• Facility administrator must also report abuse or
  neglect
• Failure to report is an offence
• A service provider or administrator can be fined
  for not reporting concerns
• Other people may report concerns evenif based on
  confidential information

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• LEGAL DEFINITION OF ABUSE

• physical force resulting in pain, discomfortor
  injury
• mistreatment causing emotional harm
• administration, withholding or prescribing
  medication for inappropriate purposes

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• LEGAL DEFINITION OF ABUSE

• sexual contact, activity or behaviour between a
  service provider and a patient or resident
• non-consensual sexual contact, activity or
  behaviour between patients or residents
• the misappropriation or improper or illegal
  conversion of money or other valuable possessions

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• How do you Identify
• the Best Response?

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 1. Talk to the older adult
• Ask questions. Talk to the older person about
  his or her experience. Help the person to
  identify resources that could be helpful.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 2. Respect personal values
• Respect the personal values, priorities, goals
  and lifestyle choices of an older adult.
• Identify support networks and solutions that
  suit the older adults individuality.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 3. Recognize the right to make decisions
• Mentally capable older adults have the right to
  make decisions, including choices others might
  consider risky or unwise.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 4. Seek consent or permission
• In most situations, you should get consent from
  an older adult before taking action.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 5. Respect confidentiality and privacy rights
• Get consent before sharing another persons
  private information, including confidential
  personal or health information.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 6. Avoid ageism
• Prevent ageist assumptions or discriminatory
  thinking based on age from affecting your
  judgment. Avoid stereotypes about olderpeople
  and show respect for the inherentdignity of all
  human beings, regardless of age.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 7. Recognize the value of independenceand
  autonomy
• Where this is consistent with the adults
  wishes, assist the adult to identify the least
  intrusive way to access support or assistance.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 8. Know that abuse and neglect can happen
  anywhere and by anyone
• Abuse and neglect of older adults can occur in a
  variety of circumstances from home careto family
  violence.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 9. Respect rights
• An appropriate response to abuse, neglect,or
  risk of abuse or neglect should respectthe legal
  rights of the older adult, while addressing the
  need for support, assistance,or protection in
  practical ways.

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• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 10. Get informed
• Ignorance of the law is not an excuse for
  inaction when someones safety is at stake.
• If you volunteer with older adults you needto
  educate yourself about elder abuse.

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• Who to call for more Information or to Respondto
  Concerns about Abuse?

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• RESOURCES

1. Urgent assistance
2. Reporting abuse and neglect
3. Legal advice
4. Counseling and victim assistance
5. More information about elder abuse

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• REPORTING ABUSE

• Call Adult Protection Services to report elder
  abuse whether the adult lives independently or in
  a health facility.

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• LEGAL ADVICE

• Refer older adults to the Senior Abuse Line for
  referral to services including legal
  organizations that provide legal advice.

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• URGENT ASSISTANCE

1. Call 9-1-1 if an older person isin danger and it
   is an emergency
2. Call the police to report a crime
3. The police can require an abusiveperson to stay
   away from a victim

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• VICTIM ASSISTANCE

• There are a number of agencies thatoffer crisis
  counseling
• It can be helpful to give a person a number to
  call for free confidentialsupport

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• MORE INFORMATION

• A Practical Guide to Elder Abuse andNeglect Law
  in Canada (2010)
• By the Canadian Centre for Elder Law
• Available online for free in Englishand French

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• REVIEW

1. Know the organizations in your community where
   you can refer adultsfor further support or
   assistance.
2. Be aware of reporting obligations.
3. Respect privacy and confidentiality.
4. Consult a supervisor when youare not sure how to
   respond.

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Canadian Centre for Elder Law

• www.bcli.org/ccel