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Difference between revisions of "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)"
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Abuse and Neglect of Seniors or Those with Disabilities (4:VII) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 4, 2023}} | ||
{{LSLAP Manual TOC|expanded = victims}} | {{LSLAP Manual TOC|expanded = victims}} | ||
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Upon discovering a case of abuse or neglect of a senior or individual with disabilities, clinicians should provide information about what kind of help is available. Police respond to reports of persons in immediate danger or possible criminal offences. They investigate offences and can provide information about other agencies that may be able to help. Victim Service programs are located in community agencies or police stations. They provide emotional support, justice system information, safety planning, referrals to counselling and other services, help in accessing crime victim assistance benefits, and support to victims going to court. | Upon discovering a case of abuse or neglect of a senior or individual with disabilities, clinicians should provide information about what kind of help is available. Police respond to reports of persons in immediate danger or possible criminal offences. They investigate offences and can provide information about other agencies that may be able to help. Victim Service programs are located in community agencies or police stations. They provide emotional support, justice system information, safety planning, referrals to counselling and other services, help in accessing crime victim assistance benefits, and support to victims going to court. | ||
Please see the end of the | Please see the end of the section for resources. | ||
Part 3 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''], has special provisions on abuse and neglect. These include physical, sexual, emotional, and financial forms of abuse/neglect. These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect. | Part 3 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''], has special provisions on abuse and neglect. These include physical, sexual, emotional, and financial forms of abuse/neglect. These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect. | ||
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Under Part 3 of the Act, Designated Agencies respond to reports of abuse or neglect involving adults in these circumstances and notify police if a criminal offence appears to have been committed. Designated Agencies under the ''Adult Guardianship Act'' include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC. They can address a range of health and safety issues and help in informal or formal ways. Formal tools include gaining access to the adult in emergencies, obtaining orders or warrants, obtaining short and long-term restraining orders, and on occasion obtaining support and assistance court orders. | Under Part 3 of the Act, Designated Agencies respond to reports of abuse or neglect involving adults in these circumstances and notify police if a criminal offence appears to have been committed. Designated Agencies under the ''Adult Guardianship Act'' include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC. They can address a range of health and safety issues and help in informal or formal ways. Formal tools include gaining access to the adult in emergencies, obtaining orders or warrants, obtaining short and long-term restraining orders, and on occasion obtaining support and assistance court orders. | ||
Designated Agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations. Under the ''Public Guardian and Trustee Act'', the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs. The PGT makes referrals to Designated Agencies if there are concerns about physical risk or harm to the vulnerable adult. The link to the PGT’s Decision Tree can be found [https://www.trustee.bc.ca/reports-and-publications/Pages/Decision-Tree.aspx | Designated Agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations. Under the ''Public Guardian and Trustee Act'', the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs. The PGT makes referrals to Designated Agencies if there are concerns about physical risk or harm to the vulnerable adult. The link to the PGT’s Decision Tree can be found at [https://www.trustee.bc.ca/reports-and-publications/Pages/Decision-Tree.aspx Public Guardian and Trustee of British Columbia | Reports and Publications]. | ||
For further information on supporting victims of elder abuse, see | For further information on supporting victims of elder abuse, see [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/info-resources/elder-abuse.pdf Understanding and Responding to Elder Abuse - gov.bc.ca]. | ||
Other BC laws aiming to protect adults in financial and health-care matters include the ''Power of Attorney Act'', the ''Representation Agreement Act'', and the ''Health Care (Consent) and Care Facility (Admission) Act''. | Other BC laws aiming to protect adults in financial and health-care matters include the ''Power of Attorney Act'', the ''Representation Agreement Act'', and the ''Health Care (Consent) and Care Facility (Admission) Act''. | ||
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=== 1. Criminal Charges === | === 1. Criminal Charges === | ||
No BC legislation specifically addresses abuse of elders and adults with disabilities but the following ''Criminal Code'' sections may apply: | No BC legislation specifically addresses abuse of elders and adults with disabilities, but the following ''Criminal Code'' sections may apply: | ||
*s 265: assault; | *s 265: assault; | ||
*s 215(1)(c): duty of persons to provide necessaries to a person under their charge; | *s 215(1)(c): duty of persons to provide necessaries to a person under their charge; | ||
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Another way to protect the victim is to contact the Crown if the abuser has been charged and, on a finding of guilt, to get conditions placed on the abuser’s release or probation order restricting contact between the abuser and the victim. Keep in mind that the burden of proof is higher in criminal matters (i.e., beyond a reasonable doubt) than civil matters (i.e., on a balance of probabilities), including when proving a breach of conditions. | Another way to protect the victim is to contact the Crown if the abuser has been charged and, on a finding of guilt, to get conditions placed on the abuser’s release or probation order restricting contact between the abuser and the victim. Keep in mind that the burden of proof is higher in criminal matters (i.e., beyond a reasonable doubt) than civil matters (i.e., on a balance of probabilities), including when proving a breach of conditions. | ||
== C. Resources and Remedies for Seniors == | |||
BC has a Parliamentary Secretary to the Minister of Health for Seniors, a Seniors’ Services Branch and an Office of the Seniors Advocate. | |||
The following list represents some non-legal solutions that may assist the abused person. | |||
=== 1. General Support === | |||
If an adult is in need of health or home care related services, or there are concerns about the adult’s ability to seek support or their condition is impacting their ability to make decisions, the nearest health unit should be the primary point of contact. A trained nurse or social worker can investigate the situation, present options to the victim, and place them in contact with necessary assistance. | |||
[https://seniorsfirstbc.ca/ '''Seniors First BC'''] | |||
Provides information, legal advocacy, support and referrals to older adults across BC who are dealing with issues affecting their well-being or rights. In addition, they assist those concerned about the welfare of older adults. | |||
[https://seniorsfirstbc.ca/programs/sail/ '''Seniors Abuse & Information Line'''] | |||
The Seniors Abuse and Information Line (SAIL) is a confidential information line for older adults and those who care about them to speak to a professional intake worker about abuse, mistreatment and any issues that impact the health and well-being of older adults in BC. | |||
SAIL is available on weekdays 8 am to 8 pm and weekends 10 am to 5:30 pm. If calling from the Lower Mainland, call 604-437-1940. For callers located in the rest of BC or Canada call 1-866-437-1940. | |||
[https://disabilityalliancebc.org/ '''Disability Alliance BC '''] | |||
Disability Alliance BC’s mission is to support people, with all disabilities, to live with dignity, independence and as equal and full participants in the community. They champion issues impacting the lives of people with disabilities through their direct services, community partnerships, advocacy, research and publications. | |||
[https://bccrns.ca/ '''BC Association of Community Response Networks'''] | |||
A Community Response Network (CRN) is made up of a diverse group of concerned community members, community agencies, local businesses, government agencies, professionals, and others who come together to create a coordinated community response to abuse, neglect, and self-neglect in vulnerable adults. When the community cannot provide appropriate support to the adult, the Adult Guardianship Act provides designated agencies (Health Authorities and Community Living BC) with the responsibility of investigating and ensuring that the proper action is undertaken. | |||
=== 2. Shelter === | |||
If the alleged abuser cannot be removed from the home, the victim may need temporary shelter. Older and senior women at risk of violence may be admitted to women’s transition houses if space is available. See [[General_Legal_Help_Resources_(22:I)|Chapter 22: Referrals]] for transition houses. If all of the local transition houses are full, the [https://www.bwss.org/ Battered Women’s Support Services] may be able to locate alternative shelter. After Hours Services (see [[General_Legal_Help_Resources_(22:I)|Chapter 22: Referrals]]) can also provide assistance and can refer elderly men to temporary shelter or housing. | |||
=== 3. Home Support === | |||
The victim may depend on the alleged abuser for support within the home. Therefore, they may be reluctant to act because they fear being moved or placed in a nursing home. In these circumstances, the BC Ministry of Health Services Long-Term Care Program can determine whether the victim is eligible to receive home support services (cleaning, handyman services, etc.). A person may also contact [https://www.vch.ca/en/service/how-to-access-home-and-community-care-services#wysiwyg--60781 Home and Community Care Intake Services] to request an assessment. | |||
[https://www.vch.ca/en/service/meals-wheels#short-description--6071 Meals on Wheels] is a service that delivers meals and social contact to homebound people, including seniors, caregivers, individuals with chronic or acute medical conditions, individuals recovering from surgery, illness or injury, and new mothers. | |||
=== 4. Seniors' Benefits === | |||
An older victim may not be receiving all of the financial benefits they are entitled to. These benefits such as Old Age Security Pension, Guaranteed Income Supplement, Canada Pension Plan, and others may provide finial independence from an abuser. Information regarding income security programs can be found at [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/income-security-programs Income Security Programs - gov.bc.ca] | |||
Lower income seniors who are renting may be eligible for a rent supplement through the Shelter Aid for Elderly Renters (SAFER) program. Information regarding Shelter Aid for Elderly Renters can be found at [https://www.bchousing.org/housing-assistance/rental-assistance-programs/SAFER Shelter Aid for Elderly Renters] | |||
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