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Enhancing Legal Practice for Elder Law Issues: The Counterpoint Tools

The National Centre of Excellence's project provides evidence-based tools to support legal practitioners dealing with elder abuse and neglect. Explore resources, guidelines, and video discussions for improved practice in this field.

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Enhancing Legal Practice for Elder Law Issues: The Counterpoint Tools

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  1. The Counterpoint Project:Tools to Enhance Practice Legal Theme Team NICE Network Canadian Centre for Elder Law

  2. Canadian Centre for Elder Law NICE NETWORK • National Centre of Excellence • Knowledge Exchange • ~2000 members • Evidence-based • ~900K requests • ~200 tools • National non-profit • Legal issues that concern older adults • Legal research • Law reform • Legal education • Public outreach

  3. Social Movements • Expansion • Attenuation • Repetition Fluid Growth

  4. Women’s Rights 30 Years Ago…

  5. Disability Rights 20 years ago…

  6. Eco Rights 10 years ago…

  7. Our Path 1927 / 1952 Old Age Security 1960s US Legislation – Great Society1970s Grassroots Local Development 1980s Literature, Leaders, Organizations 1990s Broad Networks, Guardianship Laws 2000s Research, Inter-disciplinary Networks, Consciousness Raising 2010s Gov’t strategies, Financial sector, Community Responses, Tools and Organization

  8. PLANNING FOR FUTURE DECISIONS 7

  9. Capacity Continuum Capable Incapable

  10. Vulnerability Redefined More Vulnerable • A social construct • Not an inherent quality or individual flaw – • Not a static concept Less Vulnerable

  11. More Vulnerable More Capable

  12. Context Capacity Culture Continuity www.knowledgemobilization.net

  13. 2 The Counterpoint Tools

  14. Motivation for project • Uniquely positioned to respond • Practice involves difficult questions and ethical dilemmas • How can knowledge of the law support or assist practice?

  15. Where Did the Evidence Come from? • Analyze select legal cases involving elder abuse and neglect, • Identify challenges to practice for social service and health practitioners • Produce a summary of key laws across the country that are relevant to practice • Develop helpful tools

  16. Questions and Dilemmas • What is my obligation to respond to abuse and neglect? • What confidentiality rules apply? • How can I respond to my concerns in a manner that respects an adult’s right to privacy and independence and a choice to live at risk? • What is the impact of mental capacity? • How can I support the older adults I work with to live with dignity, to age in place, without abandoning in abusive relationships?

  17. 3 Resources to Enhance Practice

  18. Confidential patient and client information • Brochure - print and fold • Details of law vary a lot – recurring themes - focus on principles and key messages, eg • The easiest way to comply with the law is to get consent before sharing personal or health information

  19. Mental capacity and consent • The right to make decisions: understanding information and consequences of decisions • A medical diagnosis or disability does not necessarily mean a person does not have mental capacity . • Failing to seek consent in certain circumstances is a form of elder abuse.

  20. Factsheets • Examples of abuse and neglect • Identifies obligation to respond to abuse, neglect and risk • Identify some existing assessment tools • Doctors, nurses, facility administrators, personal support workers • 1 page two-sided plus table

  21. Charting tool • Two-sided 1 page sheet • Form with tick boxes, questions and scales • Ease of documentation of concerns about an older adult • Team approach to care and response • Patient/ client file • Identifies existing assessment tools

  22. Guidelines for developing improved practices • Targets people who support health and social service practitioners (employers, institutions) • Recommendations for policy development, practices, tool development and education • Highlights some of the challenges front line staff face • Overview of the cases

  23. Video panel discussions • Leaders from various areas of practice • social work, medicine, nursing, administration • Discussing some of the challenges • Offers some strategies for enhanced practice • No simple answers • 4-6 minutes each

  24. 6 English Videos • Confidentiality and Privacy Issues • Mental Capacity and Risk • Social Isolation and Elder Abuse • Asking Difficult Questions and Building Relationships of Trust • Risk, Vulnerability and Family Dynamics • Developing an Inter-Professional Practice

  25. Video participants – NICE Members • Lynn McCleary, Associate Professor, Brock University, Department of Nursing • Dr. Tricia K. W. Woo, Associate Professor, Department of Medicine (Geriatrics), McMaster • Marie Beaulieu, Professor, Department of Social Work, University of Sherbrooke • Peter Donohue, Associate Professor, School of Social Work, Renison University College - Waterloo • Denise Koster, Koster Consulting & Associates

  26. NICE Network Canadian Centre for Elder Law www.nicenet.ca lynn.mcdonald@utoronto.ca admin@nicenet.ca www.bcli.org/ccel lwatts@bcli.org kjames@bcli.org

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