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PRESENTATION FUNDING

BRITISH COLUMBIA. PRESENTATION FUNDING. Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative. BRITISH COLUMBIA. CANADIAN CENTRE FOR ELDER LAW. National non-profit Studies legal issues that concern older adults Legal research

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PRESENTATION FUNDING

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  1. BRITISH COLUMBIA PRESENTATION FUNDING Human Resources andSkills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative

  2. BRITISH COLUMBIA CANADIAN CENTRE FOR ELDER LAW • National non-profit • Studies legal issues that concern older adults • Legal research • Law reform • Outreach • Legal education

  3. BRITISH COLUMBIA NOT LEGAL ADVICE • Information about resources and options • Presenters are not necessarily lawyers • If you need more information see the Resources Handout

  4. BRITISH COLUMBIA LEARNING GOALS • What is elder abuse and neglect? • Whenand how should you respond? • Howdo you identify the best response? • Whoto call for more informationor to report abuse?

  5. 1 What is Elder Abuseand Neglect?

  6. BRITISH COLUMBIA 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

  7. BRITISH COLUMBIA ELDER ABUSE • Action: harming a person - ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT

  8. BRITISH COLUMBIA MANY KINDS OF MISTREATMENT • Physical • Psychological • Chemical • Neglect • Financial • Sexual • Spiritual • Forced Confinement

  9. BRITISH COLUMBIA Hitting, slapping, punching, pushing Being rough Throwing objects PHYSICAL

  10. BRITISH COLUMBIA Frauds and scams Pressuring someone into giving money or property Improper use of powerof attorney Identity theft FINANCIAL

  11. BRITISH COLUMBIA Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frightena person PSYCHOLOGICAL OR EMOTIONAL

  12. BRITISH COLUMBIA Any non-consensualsexual action Making unwantedsexual comments Doing anything sexual without permission Lewd gestures SEXUAL

  13. BRITISH COLUMBIA 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 CHEMICAL

  14. BRITISH COLUMBIA Preventing a person from practicing her or his faith Forcing a person to participate in a spiritualritual or to practice a religion SPIRITUAL

  15. BRITISH COLUMBIA Locking a person in a room Restraining a person Denying a person access to the phone or visitors FORCED CONFINEMENT

  16. BRITISH COLUMBIA Denying food or care Not giving proper careor assistance to someone who is dependent on you NEGLECT

  17. BRITISH COLUMBIA 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

  18. 2 When and How are you Required to Respond to Elder Abuse?

  19. BRITISH COLUMBIA RESPONDING TOABUSE AND NEGLECT • Talk to the older person • Help the person get support and assistance, refer to helpful agencies • Reporting abuse or neglect

  20. BRITISH COLUMBIA QUESTIONS TO CONSIDER • Is the person in danger of harm? • Will money be stolen or spent?Property taken away? • Does the person appear to lackmental capacity?

  21. BRITISH COLUMBIA 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

  22. BRITISH COLUMBIA ADULT PROTECTION LAW • No general duty to report abuse • Right to make an anonymous report • Adult abused or neglected AND unable to seek support and assistance • Report to a Designated Agency • Designated Agency must investigate

  23. BRITISH COLUMBIA 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

  24. BRITISH COLUMBIA LEGAL DEFINITION OF ABUSE “Deliberate mistreatment of an adult that causes the adult: • physical, mental or emotional harm, or • 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.”

  25. BRITISH COLUMBIA 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

  26. BRITISH COLUMBIA 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.”

  27. BRITISH COLUMBIA 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

  28. 3 How do you Identify the Best Response?

  29. BRITISH COLUMBIA 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.

  30. BRITISH COLUMBIA 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 adult’s individuality.

  31. BRITISH COLUMBIA 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.

  32. BRITISH COLUMBIA 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.

  33. BRITISH COLUMBIA GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 5. Respect confidentiality and privacy rights Get consent before sharing another person’s private information, including confidential personal or health information.

  34. BRITISH COLUMBIA 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.

  35. BRITISH COLUMBIA GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 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.

  36. BRITISH COLUMBIA 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.

  37. BRITISH COLUMBIA 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.

  38. BRITISH COLUMBIA GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 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.

  39. 4 Who to call for more Information or to Respondto Concerns about Abuse?

  40. BRITISH COLUMBIA RESOURCES • Urgent assistance • Reporting abuse and neglect • Legal advice • Counseling and victim assistance • More information about elder abuse

  41. BRITISH COLUMBIA URGENT ASSISTANCE • Call 9-1-1 if an older person isin danger and it is an emergency • Call the police to report a crime • The police can require an abusiveperson to stay away from a victim

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

  43. BRITISH COLUMBIA 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

  44. BRITISH COLUMBIA 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.

  45. BRITISH COLUMBIA 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

  46. BRITISH COLUMBIA 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

  47. BRITISH COLUMBIA REVIEW • Know the organizations in your community where you can refer adultsfor further support or assistance. • Be aware of reporting obligations. • Respect privacy and confidentiality. • Consult a supervisor when youare not sure how to respond.

  48. Canadian Centre for Elder Law www.bcli.org/ccel

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