Seniors' Rights and Elder Abuse: Difference between revisions

This script has legal information for seniors on financial help, elder abuse, and financial and medical affairs (this last section deals with wills, powers of attorney, mental incapacity, transferring a home to a child, and lending money to family members).

*'''[http://www.servicecanada.gc.ca/eng/services/pensions/oas/gis/ Guaranteed Income Supplement]''': As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you have, the more of this supplement you can get. In addition, the [http://www.mhr.gov.bc.ca/PROGRAMS/other.htm#ss Senior’s Supplement] is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement or federal allowances. If your income level falls below a level that BC guarantees, the supplement makes up the difference. It is automatic if you qualify—you don’t need to apply.

*The '''[http://www.seniorsbc.ca/ BC government seniors website]''' or the '''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]''' - call 1.877.952.3181 or call the BC Ministry of Health at 1.800.465.4911.

*The '''[http://www.sd.gov.bc.ca/programs/bus-pass.html Bus Pass Program]''' offers lower cost, annual bus passes for low-income seniors and people receiving disability assistance from British Columbia.

Elder abuse is surprisingly common—1 in 12 seniors in BC is abused. BC’s ''Adult Guardianship Act'' tries to protect adults from abuse, neglect and self-neglect. It defines abuse as deliberate mistreatment that causes physical, mental or emotional harm to the adult, or damage to, or loss of, their assets. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack of medication, censoring of mail, invasion of privacy and denial of access to visitors. The BC government website on [http://www2.gov.bc.ca/gov/topic.page?id=31E45F6D04A74FBF96C37540B2B4E483 protection from elder abuse and neglect] has more information on the topic.

*'''Designated Agency''': Contact a Designated Agency to report abuse or neglect of an adult. Designated agencies are the regional health authorities, the Providence Health Care Society, and Community Living BC (for adults with developmental disabilities). Call the Health Information Line at 1.800.465.4911 and ask for your regional health authority.

*'''Patient Care Quality Office''': Each health authority must have a “patient care quality office” to handle complaints about the quality of patient care. Health authorities also have [http://www.patientcarequalityreviewboard.ca/makecomplaint.html patient care quality review boards] to review the treatment of complaints. These complaint offices and review boards operate under the ''Patient Care Quality Review Board Act''.

*'''[http://www.bcceas.ca/ BC Centre for Elder Advocacy & Support]''': This agency provides education, support and advocacy for older adults. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC.

*'''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]''': If you are concerned with the care and service provided to you or a family member by a health authority, call Office of the Seniors Advocate at 1.877.952.3181. The website also has links to many programs and services.

If the abuse involves a criminal offence such as threats, assault, forgery or intimidation, the designated agency must report it to the police.

You can always change your will as long as you’re mentally competent. Actually, you should change your will whenever your financial or personal circumstances change, or if your beneficiaries change (for example, if a beneficiary dies).

You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Under the former law, when a person got married, the marriage automatically revoked or cancelled their existing will. Under the new ''law, the Wills, Estates and Succession Act'' (the Act) that does not happen.

You should always see a lawyer when making or changing your will.

For more information on wills and estate planning, check scripts [[Making a Will and Estate Planning (Script 176)|176]] to [[The Disappointed Beneficiary (Script 179)|179]].

A power of attorney is a document that appoints another person, called an “attorney,” to make financial and legal decisions for you. An enduring power of attorney lets your attorney make the necessary financial and legal decisions for you if you become mentally incapable because of age, accident or illness. But these documents can’t deal with health care decisions. And if you want your attorney to deal with real estate, then you need the proper ''Land Title Act'' format. There are restrictions on who can be your attorney (for example, caregivers are not eligible), and formal procedures must be followed for signing a power of attorney. A lawyer can help you with this.

For more information, check script [[Power of Attorney and Representation Agreements (Script 180)|180]] on “Power of Attorney and Representation Agreements”.

All adults have the right to live as they wish and to accept or refuse support or assistance, as long as they’re capable of making these decisions and don’t harm others. BC’s ''Health Care (Consent) and Care Facility (Admission) Act'' also confirms the right of all adults over 18 to make their own medical and health care decisions.

It’s a good idea to plan for when you may be unable to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a power of attorney. To deal with health and personal decisions, you can make a “representation agreement.” In this, you appoint someone you trust to handle your personal and health decisions if you’re unable to make your own decisions.

If you don’t make a representation agreement, the BC ''Health Care (Consent) and Care Facility (Admission) Act'' says that, if you are mentally disabled, first your spouse, then your adult children, then your nearest relative and then your close friend will make these decisions for you.

For more information in this area, check the following 2 scripts:

Also, check the [http://www.nidus.ca/ Nidus Personal Planning Resource Centre and Registry].

It depends. As people age, they often need help with their daily needs, but may not want to leave the comfort of their own homes. Sometimes, family members or friends will suggest that they move into your home and have you transfer your home to them in exchange for their looking after you. This can often be a good way to get the help you need, while letting the younger family member or friend get a home.

In most cases, it’s not a good idea to transfer your home to your child or to add their name to the title of your home because creditors and spouses could make claims against your home. And you could lose the capital gains tax exemption for your principal residence if a child’s name is on the title, but it’s not their principal residence.

Older people often help their children or grandchildren by lending them money, co-signing a bank loan, or giving a personal guarantee. But you could lose a lot of money if you don’t protect yourself by understanding the transaction and getting proper documents signed.

For more information, check script [[Buying Goods on Credit, Credit Cards and Credit Bureaus (Script 246)|246]] on “Buying Goods on Credit, Credit Cards and Credit Bureaus”.

*The '''[http://www2.gov.bc.ca/gov/topic.page?id=442A501304294470A793668B377B32C3 Seniors’ Guide]''' on the [http://www.seniorsbc.ca/ Seniors website] of the BC government has a wide range of information.

*'''Regional health authorities''': contact these authorities to report abuse or neglect of an adult. Call the Health Information Line at 1.800.465.4911 (toll free) and ask for your local health unit.