2. 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 British Columbia 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know1

3. 8/8/2015Elder 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 BRITISH COLUMBIA

4. 8/8/2015Elder 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 BRITISH COLUMBIA

5. 8/8/2015Elder 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 BRITISH COLUMBIA

6. 8/8/2015Elder 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? BRITISH COLUMBIA

7. 1 What is Elder Abuse and Neglect?

8. 8/8/2015Elder 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 BRITISH COLUMBIA

9. 8/8/2015Elder 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 BRITISH COLUMBIA

10. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know9 MANY KINDS OF MISTREATMENT Physical Psychological Chemical Neglect Financial Sexual Spiritual Forced Confinement BRITISH COLUMBIA

11. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know10 PHYSICALHitting, slapping, punching, pushing Being rough Throwing objects BRITISH COLUMBIA

12. 8/8/2015Elder 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 BRITISH COLUMBIA

13. 8/8/2015Elder 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 BRITISH COLUMBIA

14. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know13 SEXUALAny non-consensual sexual action Making unwanted sexual comments Doing anything sexual without permission Lewd gestures BRITISH COLUMBIA

15. 8/8/2015Elder 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 BRITISH COLUMBIA

16. 8/8/2015Elder 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 BRITISH COLUMBIA

17. 8/8/2015Elder 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 BRITISH COLUMBIA

18. 8/8/2015Elder 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 BRITISH COLUMBIA

19. 8/8/2015Elder 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 BRITISH COLUMBIA

20. 2 When and How are you Required to Respond to Elder Abuse?

21. 8/8/2015Elder 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 BRITISH COLUMBIA

22. 8/8/2015Elder 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? BRITISH COLUMBIA

23. 8/8/2015Elder 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 BRITISH COLUMBIA

24. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know23 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 BRITISH COLUMBIA

25. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know24 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 BRITISH COLUMBIA

26. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know25 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 privacy or denial of access to visitors.” BRITISH COLUMBIA

27. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know26 MENTAL CAPACITY Report abuse and neglect of adults who cannot access support and assistance on their own Mental capacity may impact on the ability to access support and assistance BRITISH COLUMBIA

28. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know27 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.” BRITISH COLUMBIA

29. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know28 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 BRITISH COLUMBIA

30. 3 How do you Identify the Best Response?

31. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know30 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. BRITISH COLUMBIA

32. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know31 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. BRITISH COLUMBIA

33. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know32 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. BRITISH COLUMBIA

34. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know33 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. BRITISH COLUMBIA

35. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know34 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. BRITISH COLUMBIA

36. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know35 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. BRITISH COLUMBIA

37. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know36 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. BRITISH COLUMBIA

38. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know37 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. BRITISH COLUMBIA

39. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know38 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. BRITISH COLUMBIA

40. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know39 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. BRITISH COLUMBIA

41. 4 Who to call for more Information or to Respond to Concerns about Abuse?

42. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know41 RESOURCES 1.Urgent assistance 2.Reporting abuse and neglect 3.Legal advice 4.Counseling and victim assistance 5.More information about elder abuse BRITISH COLUMBIA

43. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know42 URGENT ASSISTANCE 1.Call 9-1-1 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 BRITISH COLUMBIA

44. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know43 REPORTING ABUSE Call a Designated Agency if you believe someone is being abused or neglected AND is unable to get support and assistance on their own. BRITISH COLUMBIA

45. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know44 PUBLIC GUARDIAN AND TRUSTEE Call the Public Guardian and Trustee (PGT) if you suspect financial abuse by a substitute decision-maker The PGT will investigate abuse and can act to protect money and property BRITISH COLUMBIA

46. 8/8/2015Elder Abuse and Neglect: What Volunteers Need to Know45 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. BRITISH COLUMBIA

47. 8/8/2015Elder 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 they can call for free confidential support BRITISH COLUMBIA

48. 8/8/2015Elder 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 BRITISH COLUMBIA

49. 8/8/2015Elder 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. BRITISH COLUMBIA

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