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Elder Abuse and NeglectWhat Volunteers Need to Know

An introductory workshop forBoards of Directors of senior-serving

organizations and volunteers whowork with older adults in British Columbia

04/20/23 Elder Abuse and Neglect: What Volunteers Need to Know 2


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

1. Legal research

2. Law reform

3. Outreach

4. 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

1. What is elder abuse and neglect?

2. When and how should you respond?

3. How do you identify the best response?

4. Who to call for more informationor to report abuse?

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1

What is Elder Abuseand Neglect?


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

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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

17

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NEGLECT • Denying food or care• Not giving proper care

or assistance to someone who is dependent on you

18

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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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2

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


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 to

the police

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ADULT PROTECTION LAW

1. No general duty to report abuse

2. Right to make an anonymous report

3. Adult abused or neglected AND unable to seek support and assistance

4. Report to a Designated Agency

5. Designated Agency must investigate

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DESIGNATED AGENCIES

• Fraser Health Authority• Vancouver Coastal Health Authority• Interior Health Authority • Vancouver Island Health Authority• Northern Health Authority• Providence Health Care Society• Community Living BC

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LEGAL DEFINITION OF ABUSE

“Deliberate mistreatment of an adult that causes the adult:

(a)physical, mental or emotional harm, or

(b)damage to or loss of assets,

and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacyor denial of access to visitors.”

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MENTAL CAPACITY

• Report abuse and neglect of adultswho cannot access support and assistance on their own

• Mental capacity may impact onthe ability to access support and assistance

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ADULT GUARDIANSHIP ACT

“All adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they do not harm others and they are capable of making decisions about those matters.”

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COMMUNITY CARE FACILITIES

• Community care facilities offer a combination of housing and services like meals or medication assistance

• Facilities must investigate abuse and neglect and report incidents to specific people named in the applicable law

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3

How do you Identify

the Best Response?


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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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 adult’s individuality.

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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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4. Seek consent or permission

In most situations, you should get consent from an older adult before taking action.

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5. Respect confidentiality and privacy rights

Get consent before sharing another person’s private information, including confidential personal or health information.

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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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7. Recognize the value of independenceand autonomy

Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance.

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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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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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10. Get informed

Ignorance of the law is not an excuse for inaction when someone’s safety is at stake.

If you volunteer with older adults you need to educate yourself about elder abuse.

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4

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


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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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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REPORTING ABUSE

Call a Designated Agency if you believe someone is being abused or neglectedAND is unable to get support andassistance on their own.

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PUBLIC GUARDIAN AND TRUSTEE

• Call the Public Guardian and Trustee (PGT) if you suspect financial abuseby a substitute decision-maker

• The PGT will investigate abuse and can act to protect money and property

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LEGAL ADVICE

Refer older adults to the BC Centre for Elder Advocacy and Support (BC CEAS) Seniors Advocacy and Information Line (SAIL) if they need legal advice.

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VICTIM ASSISTANCE

• There are a number of agenciesthat offer crisis counseling

• It can be helpful to give a persona number they can call for free confidential support

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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 Lawwww.bcli.org/ccel

Documents

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