Elder Abuse and Neglect What Volunteers Need to Know An introductory workshop for Boards of Directors of senior-serving organizations and volunteers who work with older adults in Nova Scotia 8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know1

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know2 PRESENTATION FUNDING Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know3 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 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know4 NOT LEGAL ADVICE Information about resources and options Presenters are not necessarily lawyers If you need more information see the Resources Handout NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know5 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 information or to report abuse? NOVA SCOTIA

1 What is Elder Abuse and Neglect?

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know7 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 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know8 ELDER ABUSE Action: harming a person - ABUSE Not acting: not providing care or helping a person when a person should have - NEGLECT NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know9 MANY KINDS OF MISTREATMENT Physical Psychological Chemical Neglect Financial Sexual Spiritual Forced Confinement NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know10 PHYSICALHitting, slapping, punching, pushing Being rough Throwing objects NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know11 FINANCIALFrauds and scams Pressuring someone into giving money or property Improper use of power of attorney Identity theft NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know12 PSYCHOLOGICAL OR EMOTIONAL Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frighten a person NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know13 SEXUALAny non-consensual sexual action Making unwanted sexual comments Doing anything sexual without permission Lewd gestures NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know14 CHEMICALOvermedicating a person Denying needed medication Substituting over-the-counter medication Making medication decisions without consulting the older person or the correct substitute decision-maker NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know15 SPIRITUALPreventing a person from practicing her or his faith Forcing a person to participate in a spiritual ritual or to practice a religion NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know16 FORCED CONFINEMENT Locking a person in a room Restraining a person Denying a person access to the phone or visitors 16 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know17 NEGLECTDenying food or care Not giving proper care or assistance to someone who is dependent on you 17 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know18 ELDER ABUSE AND NEGLECT Often the abuser is a loved one or person the older adult trusts Occurs at home and in care facilities – can happen anywhere Can be one incident or ongoing NOVA SCOTIA

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

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know20 RESPONDING TO ABUSE 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 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know21 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 lack mental capacity? NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know22 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 NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know23 ADULT PROTECTION ACT 1.Every person has a duty to report abuse or neglect of a vulnerable adult. 2.Must report abuse of adults who cannot protect themselves. 3.Must report neglect of adults who cannot care for themselves. 4.Report in circumstance where the adult refuses, delays or is unable to make arrangements for care or assistance. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know24 LEGAL DEFINITION OF ABUSE The law applies to: Physical abuse Sexual abuse Mental cruelty Neglect Applies to some instances of financial abuse NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know25 DUTY TO RESPOND 1.Report abuse to Adult Protection Services. 2.Failure to report is an offence. 3.A person can be fined for not reporting concerns. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know26 PROTECTION FOR PERSONS IN CARE Law applies to older adults living in a hospital, residential care facility, nursing home or home for older adults Anyone providing services in a health facility must report abuse or neglect that has occurred or is likely to occur NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know27 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 even if based on confidential information NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know28 LEGAL DEFINITION OF ABUSE physical force resulting in pain, discomfort or injury mistreatment causing emotional harm administration, withholding or prescribing medication for inappropriate purposes NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know29 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 NOVA SCOTIA

3 How do you Identify the Best Response?

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know31 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. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know32 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. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know33 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. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know34 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. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know35 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. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know36 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 older people and show respect for the inherent dignity of all human beings, regardless of age. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know37 GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 7.Recognize the value of independence and autonomy Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know38 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 care to family violence. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know39 GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 9. Respect rights An appropriate response to abuse, neglect, or risk of abuse or neglect should respect the legal rights of the older adult, while addressing the need for support, assistance, or protection in practical ways. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know40 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. NOVA SCOTIA

4 Who to call for more Information or to Respond to Concerns about Abuse?

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know42 RESOURCES 1.Urgent assistance 2.Reporting abuse and neglect 3.Legal advice 4.Counseling and victim assistance 5.More information about elder abuse NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know43 REPORTING ABUSE Call Adult Protection Services to report elder abuse whether the adult lives independently or in a health facility. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know44 LEGAL ADVICE Refer older adults to the Senior Abuse Line for referral to services including legal organizations that provide legal advice. NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know45 URGENT ASSISTANCE 1.Call if an older person is in danger and it is an emergency 2.Call the police to report a crime 3.The police can require an abusive person to stay away from a victim NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know46 VICTIM ASSISTANCE There are a number of agencies that offer crisis counseling It can be helpful to give a person a number to call for free confidential support NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know47 MORE INFORMATION A Practical Guide to Elder Abuse and Neglect Law in Canada (2010) By the Canadian Centre for Elder Law Available online for free in English and French NOVA SCOTIA

8/15/2015Elder Abuse and Neglect: What Volunteers Need to Know48 REVIEW 1.Know the organizations in your community where you can refer adults for further support or assistance. 2.Be aware of reporting obligations. 3.Respect privacy and confidentiality. 4.Consult a supervisor when you are not sure how to respond. NOVA SCOTIA

Canadian Centre for Elder Law