Difference between revisions of "Older People and the Law"

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{{Learning about the Law Wikibook TOC}}

==Retirement and government benefits==

*Canada Pension Plan (CPP), based on years of work in Canada and the amount paid into the plan.  

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.  

Apply for Old Age Security benefits six months before you turn 65. For help in making an application, contact your local Service Canada office, or agencies that help seniors in your community.

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.  

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 disability pension. If a worker dies, CPP has benefits for the family.

===How do I apply? ===

To apply for OAS, the GIC supplement, CPP benefits and for more information on federal government programs, contact:  

Have your Social Insurance Number ready when you call.  

If you have lived and worked in another country, you may be eligible for social security benefits, either from that country or from Canada.  

For information on how to apply for international benefits, contact:  

Always have your Social Insurance Number ready when you call.

==Power of attorney ==

===Who should I choose? ===

Choose your attorney very carefully and ask for a regular report on how they manage your finances or business.  

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).  

There are four different types of power of attorney.  

Which one you choose depends on your needs.  

===Regular power of attorney ===

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.  

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.  

People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.

===Enduring power of attorney ===

You can cancel your enduring power of attorney at any time while you are mentally capable.  

The attorney must follow your instructions. The attorney must act in your best interests and consider what your wishes would be.  

===Springing power of attorney ===

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.  

===Limited 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 action is completed or when the time limit has passed.  

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.  

   

==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 the bank account.

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

==Representation agreements ==

A representation agreement allows the person you name as your representative to make personal and health care decisions for you.  

There are two types of representation agreements:  

Standard representation 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 representation agreement as long as you can express your wishes, and you understand the effects of a representation agreement.

To make an enhanced representation agreement, you need to have full mental capacity. Under an enhanced representation agreement, the representative has no authority over financial decisions.  

===Who should I choose to be my representative? ===

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.

==Advance directives ==

In an advance 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.  

Instructions in your advance directive can be:  

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. Keep your advance directive updated. For example, there might be improvements in medicine you wish to consider.  

A possible difficulty with advance directives is that your wishes may change over time. Remember to renew and update your advance 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.  

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.  

Talk to a legal advisor or a lawyer before you sign any legal documents.  

*Signing a document means you agree to everything that’s written in the document.  

*Don’t sign anything that you don’t understand.  

==Wills and estates ==

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.  

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:  

'''Psychological or emotional abuse''': any actions that cause mental and emotional harm. It includes threats, verbal abuse, non-verbal abuse and humiliation.  

Here are some signs that abuse may be happening:  

*Physical abuse: bruising and injuries that cannot be explained.  

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.  

You deserve 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:  

'''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.  

For seniors who are in a care facility or group home, call the '''Community Care Facilities Licensing Officer''' in your area. To contact a licensing officer, call the Health Information Line at 1-800-465-4911 and ask for the telephone number.

'''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.  

'''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}}