Older People and the Law: Difference between revisions

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{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge
|lessonname= Elder Law Lesson Module}}{{Learning about the Law Wikibook TOC}}
|lessonname= Elder Law Lesson Module}}
Elder law covers the laws that affect older people.  
This section deals with the laws that especially affect older people. This area of law is often called '''elder law'''.
 
{{PLSTipsbox
| text = For updated and in-depth coverage of how the law affects older people in BC, visit [https://www.peopleslawschool.ca/ peopleslawschool.ca].
}}


==Retirement and government benefits==
==Retirement and government benefits==
[[File:Elderly group at cafe.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
[[File:Learning about the Law - Older people.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]]
 
The government offers several programs to help people financially as they get older. These '''social security''' programs pay benefits when someone retires, becomes disabled, or loses a job.


The federal government manages two major public pension programs through Service Canada:
* '''Old Age Security''' provides older adults with a monthly pension payment.
*Old Age Security (OAS), based on years of living in Canada, and
* '''Canada Pension Plan''' provides workers with a monthly pension when they retire. It also pays benefits when a worker dies or becomes disabled.
*Canada Pension Plan (CPP), based on years of work in Canada and the amount paid into the plan.  
* '''Employment insurance''' provides benefits to workers who lose their job. It also helps those who can’t work because of sickness, or need time off work to care for an ill family member.  


===Old Age Security===
===Old Age Security===
Old Age Security provides you with a monthly pension at age 65 if you have lived in Canada for at least 10 years. Your work history is not a factor. You can receive the pension even if you have never worked or are still working. You must be a Canadian citizen or a legal resident.


The Old Age Security (OAS) provides pension benefits to citizens and legal residents of Canada who have lived in the country for 10 or more years as an adult (after turning 18). The Guaranteed Income Supplement (GIS) is an additional monthly benefit paid to Canadian residents who receive Old Age Security pension and have little or no other income.  
If you have a low income, you may be eligible for additional benefits on top of the Old Age Security pension. For those age 60 to 64, there are allowance benefits. For those age 65 and over, there is a guaranteed income supplement.  


Apply for Old Age Security benefits six months before you turn 65. For help in making an <span class="noglossary">application</span>, <span class="noglossary">contact</span> your local Service Canada office, or agencies that help seniors in your community.
You may need to apply to receive the Old Age Security pension. If you did not receive a letter from Service Canada the month after you turned 64, you should contact Service Canada. Their phone number is 1-800-277-9914. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca]. Have your '''social insurance number''' ready when you contact them.


===Canada Pension Plan ===
===Canada Pension Plan===
If you worked in Canada, you can get a monthly retirement pension as early as age 60.


The Canada Pension Plan (CPP) provides income to working Canadians after they retire. The amount of pension income you receive depends on the amount you paid in to the fund from your wages over the years you worked in Canada.  
When you work, the government takes some money from your pay cheques (and from your employer) and puts it into the Canada Pension Plan (CPP). If you are self-employed, you have to pay money into the plan when you pay your income tax.  


You receive CPP retirement benefits, which is a monthly cheque mailed to you or deposited directly into your bank <span class="noglossary">account</span>, if you have contributed and:
The plan pays a retirement pension to partially replace your income from working once you retire. The amount of your pension depends on how much you contributed to the plan. The CPP retirement pension is separate from your Old Age Security pension.  
*you are 60-64 years old and have stopped working or have a low income, or
*you are 65 years or older.  


In Canada, people have a right to keep working after age 65.  
The CPP also provides benefits when contributors become disabled or die.  


If you work past age 65, you can be receiving CPP benefits at the same time.  
The standard age to start receiving your CPP retirement pension is 65. But you can take a reduced pension as early as age 60.  


You can also continue paying in to CPP until age 70; this will increase the amount you receive in retirement benefits.  
Your CPP retirement pension does not start automatically. You must apply for it. You can do so online at [https://www.canada.ca/cpp canada.ca/cpp] or at a Service Canada office. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca].


CPP gives pension benefits to people who are not able to work because they had an accident, were injured or became ill. This is called a <span class="noglossary">disability</span> pension. If a worker dies, CPP has benefits for the family.
===Employment insurance===
Older adults who continue working after age 65 are eligible for the same employment insurance benefits as other workers in Canada.  


===How do I apply? ===
EI, as it’s often called, provides benefits if you lose your job through no fault of your own (for example, due to shortage of work or seasonal layoffs) and can’t find a job.


To apply for OAS, the GIC supplement, CPP benefits and for more information on federal government programs, <span class="noglossary">contact</span>:
Employment insurance also provides sickness benefits if you can’t work because of sickness or injury, as well as benefits to help caregivers take time away from work to care for family members who are ill or injured.


:'''Service Canada'''
You can apply for EI benefits online at [https://www.canada.ca/ei canada.ca/ei] or at a Service Canada office. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca].
:For service in English: 1-800-277-9914
:For service in French: 1-800-277-9915
:Hearing or speech impairment: 1-800-255-4786
:Website: [http://www.servicecanada.gc.ca www.servicecanada.gc.ca]


Have your Social Insurance Number ready when you call.
==Managing your money==
===Joint bank accounts===
A '''joint bank account''' is held by two or more people. Any person whose name is on the joint bank account can put money into the bank account and take money out of it.


===International benefits===
Sometimes people put their bank account into joint names with a trusted relative or friend so the other person can help with banking, shopping, and taking out cash for spending. But any person named on the account can use all of the funds as their own and take out all the money. This is a downside of joint accounts.


If you have lived and worked in another country, you may be eligible for social security benefits, either from that country or from Canada.  
An option to lower the risk is to open a second, smaller bank account. You can ask your bank to regularly move funds from your main account into the second account to pay for what you need each month. You can tell the person who is helping you with banking and shopping that they can withdraw money from this account but not the main account. The main account stays in your name only.  


For information on how to apply for international benefits, <span class="noglossary">contact</span>:
===Direct deposits and automatic payments===
Another option that is safer than a joint account is to set up '''direct deposits'''. You can ask the government to have your pension and other cheques deposited directly into your bank account. You can also ask your bank about setting up automatic bill payments from your account.


:'''International Benefits Program'''
The bank will send you a monthly statement so you know all the activity in your account. There might be a small cost, but many banks have low or no fees for services to older adults.
:Telephone: 1-613-957-1954
:Fax: 1-613-952-8901
:Toll-free in Canada and the United States: 1-800-454-8731
:TTY in Canada and the United States: 1-800-255-4786


Always have your Social Insurance Number ready when you call.
Talk to your bank manager for more ideas on keeping your money safe.  


==Power of attorney ==
==Protecting yourself and your money==
Sadly, sometimes people try to take advantage of you, especially as you get older.


A ''power of attorney'' (POA) is a legal document that names another person, called the "attorney," to manage your financial, business and legal matters for you, but ''not'' health care decisions. The person who gives the power of attorney to someone is called a ''<span class="noglossary">donor</span>''.
Scammers use a variety of methods to trick people out of their money. Some offer prizes and say you have to send them money to claim your prize. Some make threats, such as to bring criminal proceedings, unless you pay them money.  


:'''Note''': In this section, the word "attorney" does not refer to a lawyer. It refers to someone who has power of attorney.  
Others try to trick you to give up your personal information so they can access your bank accounts or run up debts in your name. This is called '''identity theft'''. It involves taking your personal information — without your knowledge or agreement — to commit fraud or theft.  


The person you name as your attorney must <span class="noglossary">act</span> in the way you have instructed. It is important for the attorney to understand their duties and responsibilities. It may be a crime under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' if an attorney fails to carry out their duties.  
Here are some key ways to protect yourself and your money.  


===Who should I choose? ===
===Be careful with your personal information===
This includes your name, address, phone number, and date of birth. Don’t give them out to anyone you don’t know and trust. Same with your '''social insurance number''', credit card numbers, and bank account information.


You should choose a trusted friend, a relative or your lawyer to <span class="noglossary">act</span> for you. You can have one or two people <span class="noglossary">act</span> as your attorney(s). The people who <span class="noglossary">act</span> as your attorney(s) can <span class="noglossary">act</span> together, or one or the other attorney can be named as an ''alternate''. This will help make sure your wishes are followed.  
Be careful when throwing away credit card statements and receipts. Tear the receipts up or put them through a paper shredder. Criminals may go through the trash and use the statements and receipts to find out information about you.  


Choose your attorney very carefully and ask for a regular report on how they manage your finances or business.  
Keep your passwords separate from your bank cards. If you write down passwords, make sure you store them in a safe place. Don’t keep passwords in your wallet.  


You can still handle your own affairs after you appoint an attorney or attorney(s). You can cancel (revoke) an old power of attorney at any time and make a new one with different attorney(s).
===Don’t give information when someone contacts you===
If an offer sounds too good to be true, it usually is. If someone phones or emails with a prize or an offer and starts asking questions, they may be trying to learn your personal information. It’s not safe to give these people information about yourself or your accounts.  


===Four different types of power of attorney ===
A bank will never ask for personal information or passwords over the phone unless you call them, and in that case, the bank will ask you to prove your identity. A bank will never email you and ask for your passwords or the numbers for debit or credit cards.


There are four different types of power of attorney.  
If you have caller ID on your phone, you can look to see if the number belongs to someone you know. If the number is not familiar, you can let the phone ring and ignore the call.  


Which one you choose depends on your needs.  
===Register with the do not call list===
#regular power of attorney,
You can register for the national do not call list at [https://www.lnnte-dncl.gc.ca/ lnnte-dncl.gc.ca] to reduce calls from people and companies trying to sell you things.  
#enduring power of attorney,
#springing power of attorney, and  
#limited power of attorney.  


====Regular power of attorney ====
==Elder abuse==
[[File:Elderly single man headshot.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
'''Elder abuse''' is mistreatment that harms an older adult. It can take many forms:
* '''Physical abuse''': using physical force against an older adult.
* '''Financial abuse''': misusing an older adult’s money or property. It includes forcing an older adult to sign a document.
* '''Neglect''': not keeping an older person clean and safe.
* '''Sexual abuse''': forced sexual contact of any kind.
* '''Psychological or emotional abuse''': actions that cause mental or emotional harm. It includes threats, verbal abuse, and humiliation.


In a regular POA, the power you give an attorney may be ''specific'' or general.  
===Signs of abuse===
Here are some signs that abuse may be happening:
* '''Physical abuse''': bruising and injuries that cannot be explained.
* '''Psychological or emotional abuse''': someone shows a high level of anxiety or distress.
* '''Financial abuse''': large unexplained withdrawals from bank accounts.
* '''Neglect or self-neglect''': lack of bathing, unclean living conditions, and lack of health aids such as dentures or glasses.


When you give a specific power of attorney, it means you give this person the power to do certain things only. For example, you may want them to do your banking when you’re out of town on vacation.  
Different types of abuse often occur at the same time. For example, a victim of physical abuse may also be a victim of psychological or emotional abuse.  


When you give a general power of attorney, it means you give this person the power to manage all your financial and legal affairs. They are to follow your wishes and instructions.  
===Where to go for help===
Everyone deserves to be treated with dignity and respect. Elder abuse is always wrong, and can also be a criminal offence.  


A regular power of attorney ends if you become ''mentally incapable''. Mentally incapable is a legal term that means not being able to understand what you are doing and what might happen as a result.  
The following resources can provide support to you or someone you know. See the Find Out More section for additional contact information.  


You can be incapable in one area of <span class="noglossary">decision</span>-making, yet still be able to manage your life in other areas. For example, you may be able to decide where to live and what kind of health services you want, but not be able to manage your finances.  
* If someone is in immediate danger, '''call 911'''.
* Seniors First BC operates the Seniors Abuse and Information Line (SAIL). It provides confidential legal information and emotional support over the phone. They can also provide legal representation in certain areas of law. For more information, see [https://seniorsfirstbc.ca/ seniorsfirstbc.ca].
* BC Association of Community Response Networks can put you in touch with agencies in your community that help older people who are being abused or neglected. Visit [https://bccrns.ca/search bccrns.ca/search] to search the network by organization name, health authority region, or community group.
* VictimLinkBC is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24/7.  


People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.
==Wills and planning for your future care==
At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older.  


====Enduring power of attorney ====
For most people, making a '''will''' is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a '''power of attorney''' and a '''representation agreement'''.


An ''enduring power of attorney'' continues if you become mentally incapable.  
{{PLSTipsbox
| text = For updated and in-depth information on wills and planning for your future care, visit [https://www.peopleslawschool.ca/ peopleslawschool.ca].
}}


You can cancel your enduring power of attorney at any time while you are mentally capable.  
===Making a will===
A '''will''' is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a '''beneficiary'''.)


You cannot cancel an enduring power of attorney if you are mentally incapable.  
A will is not the same as a '''power of attorney'''. A power of attorney sets out your instructions for dealing with your financial and legal affairs ''while you are alive''. (See the next section about powers of attorney.)


The attorney must follow your instructions. The attorney must act in your best interests and consider what your wishes would be.  
In your will, you need to name someone to be your '''executor'''. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney.


In your enduring power of attorney you say when you want it to start. You may want it to start right away. Or you may want it to start ''only'' if you become mentally incapable. (In this <span class="noglossary">case</span>, it becomes a ''springing power of attorney'', which is discussed next.)
Most people ask a family member or close friend to be their executor. Or, if you prefer, you can ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over.  


====Springing power of attorney ====
You can cancel a will and make a new one any time, as long as you are mentally capable.


A springing POA comes into effect only when a specific event happens. An event might be if you have a car accident, or become ill, or become mentally incapable.  
{{PLSStorybox
| image = [[File:Headshot_-_Learning_about_the_Law_-_Maricel_-_2023.png|link=]]
| text      = “My husband and I were married for over 40 years. He died without a will. I had a hard time figuring out what to do. I ended up hiring a lawyer, who helped me apply to court to become the administrator of my husband’s estate. There was a lot to do and it took months to process. I don’t want my kids to go through that, so I made a will to make it easier for them to deal with my estate when the time comes.” <br>– Maricel, Fort St. John, BC
}}


A springing power of attorney must say:
===Making a power of attorney===
*what event will start it, and  
A '''power of attorney''' is a legal document that names another person to be your '''attorney'''. An attorney is someone you trust to manage your financial and legal matters while you are alive. They must act in your best interests and follow your wishes.  
*how people will know without a doubt that the event has happened.  


====Limited power of attorney ====
{{PLSTipsbox
In a ''limited power of attorney'', you say exactly what <span class="noglossary">action</span> your attorney can take, and put a time limit on when the power of attorney ends.
| text = The word '''attorney''' does not refer to a lawyer. It refers to the person you choose to manage your affairs under the power of attorney.
 
}}
For example, suppose you are travelling in another country, and you need someone to go to the bank in person to move some funds. You can give your attorney permission to do this and set a time limit. For example, the attorney must move the funds within five days of the start of a new month.
 
A limited POA ends when the <span class="noglossary">action</span> is completed or when the time limit has passed.
 
===If you have worries about your attorney ===
 
Attorney(s) have a duty to act in your best interests and follow your wishes. But some attorneys ''misuse'' their power. They might take funds out of your bank <span class="noglossary">account</span> without your permission. Or they might sell what you own and use the money for themselves. This is financial abuse and it happens to many people, especially seniors.
 
If you are worried about your power of attorney agreement or want to name someone else as your attorney, you can end the agreement as long as you are mentally capable.
 
Talk to a lawyer for help and advice, or <span class="noglossary">contact</span> one of the agencies listed at the end of the [[Find Out More in Learning about the Law|Find Out More]] section.
 
==Joint bank accounts ==
 
A joint bank <span class="noglossary">account</span> is held by two or more people. Any person whose name is on the joint bank <span class="noglossary">account</span> can put money into the bank <span class="noglossary">account</span> and take money out of the bank <span class="noglossary">account</span>.
 
Sometimes people put their bank <span class="noglossary">account</span> into joint names with a friend or relative so that the other person can help with banking, shopping and taking out cash for spending. But any person named on the <span class="noglossary">account</span> can use all of the funds as their own and take out all the money. So joint accounts can be dangerous.
 
As a safer option, you can apply to have your bank pay monthly bills from your <span class="noglossary">account</span> for you. You can also ask the government to have your pension and other cheques deposited directly into your bank <span class="noglossary">account</span>. The bank will send you a monthly statement so that you know all the activity in your <span class="noglossary">account</span>. There might be a small cost, but many banks have low or no fees for services to seniors.
 
You can also open a second, smaller bank <span class="noglossary">account</span>. You can ask the bank to regularly move funds from your main <span class="noglossary">account</span> into the second <span class="noglossary">account</span> to pay for what you need each month. The person who is helping you with banking and shopping can withdraw money from this <span class="noglossary">account</span> but not the main <span class="noglossary">account</span>. The main <span class="noglossary">account</span> stays in your name only.
 
Talk to your bank manager for more ideas on keeping your money safe.
 
==Representation agreements ==
[[File:Showing elderly woman paper.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
 
A <span class="noglossary">representation</span> agreement allows the person you name as your representative to make personal and health care decisions for you.
 
There are two types of <span class="noglossary">representation</span> agreements:
*standard <span class="noglossary">representation</span> agreements, and
*enhanced <span class="noglossary">representation</span> agreements.
 
''Standard <span class="noglossary">representation</span> agreements'' give limited authority to the representative you name to make some health and routine financial decisions for you.
 
Standard <span class="noglossary">representation</span> agreements do not allow a representative to make decisions about end-of-life care.
 
If you are incapable of entering into a contract or managing your affairs, you can make a standard <span class="noglossary">representation</span> agreement as long as you can express your wishes, and you understand the effects of a <span class="noglossary">representation</span> agreement.
 
''Enhanced <span class="noglossary">representation</span> agreements'' give more responsibility to your representative over health care and personal decisions. Your representative might even decide if you will or will not receive medical services necessary to continue life.
 
To make an enhanced <span class="noglossary">representation</span> agreement, you need to have full mental capacity. Under an enhanced <span class="noglossary">representation</span> agreement, the representative has no authority over financial decisions.
 
===Who should I choose to be my representative? ===
 
Choose someone you know well and <span class="noglossary">trust</span>. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself.
 
==Advance directives ==
 
In an <span class="noglossary">advance</span> directive you can write instructions to your representative or to your doctor about what kind of health care you want and don’t want if you have a serious medical condition.
 
Advance directives often deal with end-of-life decisions. Some people use the term "living will" when talking about an <span class="noglossary">advance</span> directive.  
 
Instructions in your <span class="noglossary">advance</span> directive can be:
*general statements such as: I don't want to be connected to machines to stay alive, or
*specific statements such as: I don't want to receive donated blood.
 
An <span class="noglossary">advance</span> directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness. Keep your <span class="noglossary">advance</span> directive updated. For example, there might be improvements in medicine you wish to consider.
 
A possible difficulty with <span class="noglossary">advance</span> directives is that your wishes may change over time. Remember to renew and update your <span class="noglossary">advance</span> directive from time to time.
 
==Protecting yourself and your money ==
 
When you are a senior, sometimes people try to take advantage of you. It is important to protect yourself and your money.
 
Criminals use a variety of methods to trick people and take their money. Older people are often the target of these criminal tricks.
 
Sometimes the criminals take money. Other times, they use your personal information to <span class="noglossary">access</span> your bank accounts or run up debts in your name. This is called identity theft, which means taking your personal information and using your identity.
 
Be careful with your personal information, which includes your name, address, phone number and date of birth. Be careful when throwing away credit card statements and grocery receipts. Tear the receipts up or put them through a paper shredder, as criminals may go through the trash and use the statements and receipts to find information about you.


Never give out your Canada Social Insurance Number, credit card numbers, or bank <span class="noglossary">account</span> information to someone you don’t know and <span class="noglossary">trust</span>. Keep your passwords and bank cards separate.
Most people draw up a power of attorney to make sure someone can step in to manage their affairs in case they lose their mental capacity. The person you appoint as your attorney can pay your bills, deposit money in your bank account, invest your money, or sell your home. But they can’t make health care decisions for you.  


If you write down your passwords, make sure you store the password in a safe place. Don’t keep passwords in your wallet. Never give out personal information on the telephone or by email. If someone is asking questions they may be trying to learn your personal information.  
You must be '''mentally capable''' when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result.


A bank will never ask for personal information or passwords over the phone unless you call them and the bank asks you to prove your identity. A bank will never email you and ask for your passwords or the numbers for debit or credit cards.  
You can still handle your own affairs after you appoint an attorney. You can also '''revoke''' (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable.  


Phone calls saying you have won a vacation, or money, and asking you to enter in your phone number are not real contests. It is not safe to give these callers your personal information.  
====Choosing an attorney====
Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first.  


If you have caller ID on your phone, you can look to see if the number belongs to someone you know. If the number is not familiar, you can let the phone ring and ignore the call.  
You can have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an alternate (a backup). This will help make sure your wishes are followed.  


You can also register for the National Do Not Call List to reduce calls from people and companies trying to sell you things. Visit [http://www.lnnte-dncl.gc.ca/index-eng www.lnnte-dncl.gc.ca/index-eng] for more information on how to register a phone number for the National Do Not Call List.  
====There are different types of power of attorney====
There are different types of power of attorney. Which one you choose depends on your needs.
* '''General power of attorney'''. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable.  
* '''Enduring power of attorney'''. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable.  
* '''Limited power of attorney'''. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away.


If you have a problem, see the resources listed in the [[Find Out More in Learning about the Law|Find Out More]] section. Remember, if an offer sounds too good to be true, it usually is.
====If you have worries about your attorney====
Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people.  


==Know what you're signing ==
If you are worried about financial abuse, you can contact the places listed above under '''elder abuse'''. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section.


Talk to a legal advisor or a lawyer before you sign any legal documents.  
===Making a <span class="noglossary">representation</span> agreement===
*Signing a document means you agree to everything that’s written in the document.  
A '''representation agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''.
*Don’t sign anything that you don’t understand.  


==Wills and estates ==
There are two types of representation agreements. A '''standard representation agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care.
[[File:Stock will and testament.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


Everything you own at the time of your death is called your estate. Homes, bank accounts, investment accounts, jewelry and cars can all be part of your estate. If you have debt when you die, what you owe is part of your estate.  
Standard representation agreements are typically made by people who already have limited mental capacity. To make this type of agreement, they have to be able to understand what they’re agreeing to and what effect it will have on them.  


A ''will'' is a written legal document that contains your instructions about what happens to your estate after you die.  
An '''enhanced representation agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life.


A will is not the same as a power of attorney. A power of attorney deals with your instructions about what happens to your affairs while you are alive.  
To make an enhanced representation agreement, you need to have full mental capacity.  


You need to name someone as executor of the estate. This is the person who follows the instructions in your will. You should also name a second person in case the first executor cannot act as executor.  
In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself.  


The executor can be a trusted friend, relative, lawyer or company. Your executor is ''not'' automatically your attorney unless you appoint the same person as executor and as your attorney under a power of attorney.
===Making an <span class="noglossary">advance</span> directive===
 
In an advance directive, you can record your instructions for accepting or refusing specific health care treatments. It’s meant to “stand in” for you in the future — at a time you need health care but aren’t capable of providing consent.
You can cancel an old will and make a new one, as long as you are mentally capable.
 
==Elder abuse ==
 
Elder abuse is mistreatment that results in harm or loss to an older person. Elder abuse falls into a number of different categories:
 
*'''Physical abuse''': using physical force against an older adult.
*'''Financial abuse''': misusing an older adult’s money or property. It includes forcing an older adult to sign a document.
*'''Neglect''': the person is not being kept clean and safe.
*'''Sexual abuse''': forced sexual <span class="noglossary">contact</span> of any kind.
*'''Psychological or emotional abuse''': any actions that cause mental and emotional harm. It includes threats, verbal abuse, non-verbal abuse and humiliation.
 
===What are some signs of abuse? ===
 
Here are some signs that abuse may be happening:
*'''Physical abuse:''' bruising and injuries that cannot be explained.
*'''Psychological or emotional abuse:''' showing a high level of anxiety or distress.
*'''Financial abuse:''' large unexplained withdrawals from bank accounts.
*'''Neglect or self-neglect:''' lack of bathing, unclean living conditions, and lack of health aids such as dentures or glasses.  
 
Different types of abuse often occur at the same time. For example, a victim of physical abuse may also be a victim of psychological or emotional abuse.  


===Where to go for help ===
Advance directives are usually appropriate for people with a specific medical condition or who are at end-of-life. Some people use the term "living will" when talking about an advance directive.  
[[File:Smiling young and elderly pair.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


You deserve to be treated with dignity and respect. Elder abuse is always wrong, and can also be a criminal offence.  
Instructions in your advance directive can be general statements such as "''I don't want to be connected to machines to stay alive.''" Or they can be specific statements such as “''I don't want to receive donated blood.''”


If you think you may need legal advice, <span class="noglossary">contact</span> a lawyer.  
An advance directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness.  


The following resources can provide support to you or someone you know:
You have to be mentally capable to make an advance directive.


*'''BC Centre for Elder Advocacy and Support''': BC CEAS provides ''confidential'' legal information and emotional support over the phone. BC CEAS can also provide legal <span class="noglossary">representation</span>. <span class="noglossary">Contact</span> details are in the [[Find Out More in Learning about the Law|Find Out More]] section.
===Know what you're signing===
*'''BC Human Rights Coalition''': The Coalition provides information and services to people in BC who need help to protect their rights under the BC ''Human Rights Code''. For more information phone 604-689-8474 or toll free 1-877-689-8474.
Signing a legal document means you agree to everything written in it. The document becomes legally binding.  
*'''VictimLINK''': VictimLINK can put you in touch with counselling and helping services, and people who may be able to help you find a safe place to stay. Call 1-800-563-0808.
*'''BC Association of Community Response Networks''': BCCRN can provide information and help to anyone who is being abused or neglected, or is supporting someone who is. To find your local Community Response Network, email [mailto:info@bccrns.ca info@bccrns.ca] or go to [http://www.bccrns.ca www.bccrns.ca].
*'''Community Care Facilities Licensing Officer''': For seniors who are in a care facility or group home, call the Community Care Facilities Licensing Officer in your area. To <span class="noglossary">contact</span> a licensing officer, call the Health Information Line at 1-800-465-4911 and ask for the telephone number.
*'''Public Guardian and Trustee''': The Public Guardian and Trustee's Office can tell you which local agency has the responsibility to respond to reports of abuse and neglect of older adults. Phone 604-775-1007 or 604-660-4444. If calling from outside the Lower Mainland, call Service Canada at 1-800-663-7867 and ask to be transferred to the Public Guardian and Trustee’s Office.
*'''Regional Health Authorities''': The Regional Health Authorities such as Vancouver Coastal Health, Fraser Health, Interior Health, Vancouver Island Health Authority and Northern Health Authority are designated agencies. Designated agencies have a legal responsibility to look into reports of adult abuse and neglect.  
*'''The police''': If you are in immediate danger, call 911. In non-emergencies or if there has been a criminal offence (like theft), call your local police. You may wish to make a police report.
*'''Your local health unit''': Call the Health and Seniors Information Line at 1-800-465-4911 and ask to be connected to your local health unit or a mental health worker.


{{REVIEWED | reviewer = [[People's Law School]], 2013}}
Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend.


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__NOGLOSSARY__

Latest revision as of 23:42, 13 March 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.

This section deals with the laws that especially affect older people. This area of law is often called elder law.

Retirement and government benefits

Image via www.istock.com

The government offers several programs to help people financially as they get older. These social security programs pay benefits when someone retires, becomes disabled, or loses a job.

  • Old Age Security provides older adults with a monthly pension payment.
  • Canada Pension Plan provides workers with a monthly pension when they retire. It also pays benefits when a worker dies or becomes disabled.
  • Employment insurance provides benefits to workers who lose their job. It also helps those who can’t work because of sickness, or need time off work to care for an ill family member.

Old Age Security

Old Age Security provides you with a monthly pension at age 65 if you have lived in Canada for at least 10 years. Your work history is not a factor. You can receive the pension even if you have never worked or are still working. You must be a Canadian citizen or a legal resident.

If you have a low income, you may be eligible for additional benefits on top of the Old Age Security pension. For those age 60 to 64, there are allowance benefits. For those age 65 and over, there is a guaranteed income supplement.

You may need to apply to receive the Old Age Security pension. If you did not receive a letter from Service Canada the month after you turned 64, you should contact Service Canada. Their phone number is 1-800-277-9914. You can find their office locations at servicecanada.gc.ca. Have your social insurance number ready when you contact them.

Canada Pension Plan

If you worked in Canada, you can get a monthly retirement pension as early as age 60.

When you work, the government takes some money from your pay cheques (and from your employer) and puts it into the Canada Pension Plan (CPP). If you are self-employed, you have to pay money into the plan when you pay your income tax.

The plan pays a retirement pension to partially replace your income from working once you retire. The amount of your pension depends on how much you contributed to the plan. The CPP retirement pension is separate from your Old Age Security pension.

The CPP also provides benefits when contributors become disabled or die.

The standard age to start receiving your CPP retirement pension is 65. But you can take a reduced pension as early as age 60.

Your CPP retirement pension does not start automatically. You must apply for it. You can do so online at canada.ca/cpp or at a Service Canada office. You can find their office locations at servicecanada.gc.ca.

Employment insurance

Older adults who continue working after age 65 are eligible for the same employment insurance benefits as other workers in Canada.

EI, as it’s often called, provides benefits if you lose your job through no fault of your own (for example, due to shortage of work or seasonal layoffs) and can’t find a job.

Employment insurance also provides sickness benefits if you can’t work because of sickness or injury, as well as benefits to help caregivers take time away from work to care for family members who are ill or injured.

You can apply for EI benefits online at canada.ca/ei or at a Service Canada office. You can find their office locations at servicecanada.gc.ca.

Managing your money

Joint bank accounts

A joint bank account is held by two or more people. Any person whose name is on the joint bank account can put money into the bank account and take money out of it.

Sometimes people put their bank account into joint names with a trusted relative or friend so the other person can help with banking, shopping, and taking out cash for spending. But any person named on the account can use all of the funds as their own and take out all the money. This is a downside of joint accounts.

An option to lower the risk is to open a second, smaller bank account. You can ask your bank to regularly move funds from your main account into the second account to pay for what you need each month. You can tell the person who is helping you with banking and shopping that they can withdraw money from this account but not the main account. The main account stays in your name only.

Direct deposits and automatic payments

Another option that is safer than a joint account is to set up direct deposits. You can ask the government to have your pension and other cheques deposited directly into your bank account. You can also ask your bank about setting up automatic bill payments from your account.

The bank will send you a monthly statement so you know all the activity in your account. There might be a small cost, but many banks have low or no fees for services to older adults.

Talk to your bank manager for more ideas on keeping your money safe.

Protecting yourself and your money

Sadly, sometimes people try to take advantage of you, especially as you get older.

Scammers use a variety of methods to trick people out of their money. Some offer prizes and say you have to send them money to claim your prize. Some make threats, such as to bring criminal proceedings, unless you pay them money.

Others try to trick you to give up your personal information so they can access your bank accounts or run up debts in your name. This is called identity theft. It involves taking your personal information — without your knowledge or agreement — to commit fraud or theft.

Here are some key ways to protect yourself and your money.

Be careful with your personal information

This includes your name, address, phone number, and date of birth. Don’t give them out to anyone you don’t know and trust. Same with your social insurance number, credit card numbers, and bank account information.

Be careful when throwing away credit card statements and receipts. Tear the receipts up or put them through a paper shredder. Criminals may go through the trash and use the statements and receipts to find out information about you.

Keep your passwords separate from your bank cards. If you write down passwords, make sure you store them in a safe place. Don’t keep passwords in your wallet.

Don’t give information when someone contacts you

If an offer sounds too good to be true, it usually is. If someone phones or emails with a prize or an offer and starts asking questions, they may be trying to learn your personal information. It’s not safe to give these people information about yourself or your accounts.

A bank will never ask for personal information or passwords over the phone unless you call them, and in that case, the bank will ask you to prove your identity. A bank will never email you and ask for your passwords or the numbers for debit or credit cards.

If you have caller ID on your phone, you can look to see if the number belongs to someone you know. If the number is not familiar, you can let the phone ring and ignore the call.

Register with the do not call list

You can register for the national do not call list at lnnte-dncl.gc.ca to reduce calls from people and companies trying to sell you things.

Elder abuse

Elder abuse is mistreatment that harms an older adult. It can take many forms:

  • Physical abuse: using physical force against an older adult.
  • Financial abuse: misusing an older adult’s money or property. It includes forcing an older adult to sign a document.
  • Neglect: not keeping an older person clean and safe.
  • Sexual abuse: forced sexual contact of any kind.
  • Psychological or emotional abuse: actions that cause mental or emotional harm. It includes threats, verbal abuse, and humiliation.

Signs of abuse

Here are some signs that abuse may be happening:

  • Physical abuse: bruising and injuries that cannot be explained.
  • Psychological or emotional abuse: someone shows a high level of anxiety or distress.
  • Financial abuse: large unexplained withdrawals from bank accounts.
  • Neglect or self-neglect: lack of bathing, unclean living conditions, and lack of health aids such as dentures or glasses.

Different types of abuse often occur at the same time. For example, a victim of physical abuse may also be a victim of psychological or emotional abuse.

Where to go for help

Everyone deserves to be treated with dignity and respect. Elder abuse is always wrong, and can also be a criminal offence.

The following resources can provide support to you or someone you know. See the Find Out More section for additional contact information.

  • If someone is in immediate danger, call 911.
  • Seniors First BC operates the Seniors Abuse and Information Line (SAIL). It provides confidential legal information and emotional support over the phone. They can also provide legal representation in certain areas of law. For more information, see seniorsfirstbc.ca.
  • BC Association of Community Response Networks can put you in touch with agencies in your community that help older people who are being abused or neglected. Visit bccrns.ca/search to search the network by organization name, health authority region, or community group.
  • VictimLinkBC is a toll-free, confidential phone service that can put victims of abuse in touch with counselling and other supports. Call 1-800-563-0808 anytime, 24/7.

Wills and planning for your future care

At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older.

For most people, making a will is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a power of attorney and a representation agreement.

Making a will

A will is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a beneficiary.)

A will is not the same as a power of attorney. A power of attorney sets out your instructions for dealing with your financial and legal affairs while you are alive. (See the next section about powers of attorney.)

In your will, you need to name someone to be your executor. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney.

Most people ask a family member or close friend to be their executor. Or, if you prefer, you can ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over.

You can cancel a will and make a new one any time, as long as you are mentally capable.

Making a power of attorney

A power of attorney is a legal document that names another person to be your attorney. An attorney is someone you trust to manage your financial and legal matters while you are alive. They must act in your best interests and follow your wishes.

Most people draw up a power of attorney to make sure someone can step in to manage their affairs in case they lose their mental capacity. The person you appoint as your attorney can pay your bills, deposit money in your bank account, invest your money, or sell your home. But they can’t make health care decisions for you.

You must be mentally capable when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result.

You can still handle your own affairs after you appoint an attorney. You can also revoke (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable.

Choosing an attorney

Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first.

You can have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an alternate (a backup). This will help make sure your wishes are followed.

There are different types of power of attorney

There are different types of power of attorney. Which one you choose depends on your needs.

  • General power of attorney. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable.
  • Enduring power of attorney. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable.
  • Limited power of attorney. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away.

If you have worries about your attorney

Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people.

If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the Find Out More section.

Making a representation agreement

A representation agreement is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your representative.

There are two types of representation agreements. A standard representation agreement gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care.

Standard representation agreements are typically made by people who already have limited mental capacity. To make this type of agreement, they have to be able to understand what they’re agreeing to and what effect it will have on them.

An enhanced representation agreement gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life.

To make an enhanced representation agreement, you need to have full mental capacity.

In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself.

Making an advance directive

In an advance directive, you can record your instructions for accepting or refusing specific health care treatments. It’s meant to “stand in” for you in the future — at a time you need health care but aren’t capable of providing consent.

Advance directives are usually appropriate for people with a specific medical condition or who are at end-of-life. Some people use the term "living will" when talking about an advance directive.

Instructions in your advance directive can be general statements such as "I don't want to be connected to machines to stay alive." Or they can be specific statements such as “I don't want to receive donated blood.

An advance directive ensures that your wishes are followed even if you are not able to speak for yourself due to an injury or illness.

You have to be mentally capable to make an advance directive.

Know what you're signing

Signing a legal document means you agree to everything written in it. The document becomes legally binding.

Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend.


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