Older People and the Law
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This page is used in the Elder Law Lesson Module, a law-related ESL lesson for newcomers to Canada. |
This section deals with the laws that especially affect older people. This area of law is often called elder law.
Retirement and government benefits[edit]
The government offers several programs to help people financially as they get older. These “social security” programs pay benefits when you retire, become disabled, or lose 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[edit]
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 aged 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. Have your social insurance number ready when you call.
Canada Pension Plan[edit]
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 Canada Pension Plan 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 or at a Service Canada office.
Employment insurance[edit]
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, and 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 or at a Service Canada office.
Managing your money[edit]
Joint bank accounts[edit]
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 friend or relative 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[edit]
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[edit]
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[edit]
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[edit]
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 your personal information.
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.
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[edit]
You can register for the national do not call list to reduce calls from people and companies trying to sell you things.
Elder abuse[edit]
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[edit]
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[edit]
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.
- 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. As well as by community, you can search the network by type of support, such as for Indigenous People.
- 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, 24x7.
Old Age Security[edit]
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.
Canada Pension Plan[edit]
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.
You receive CPP retirement benefits, which is a monthly cheque mailed to you or deposited directly into your bank account, if you have contributed and:
- 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.
If you work past age 65, you can be receiving CPP benefits at the same time.
You can also continue paying in to CPP until age 70; this will increase the amount you receive in retirement benefits.
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?[edit]
To apply for OAS, the GIC supplement, CPP benefits and for more information on federal government programs, contact:
- Service Canada
- 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: www.servicecanada.gc.ca
Have your Social Insurance Number ready when you call.
International benefits[edit]
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:
- International Benefits Program
- 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.
Power of attorney[edit]
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 donor.
- Note: In this section, the word "attorney" does not refer to a lawyer. It refers to someone who has power of attorney.
The person you name as your attorney must act 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 Criminal Code if an attorney fails to carry out their duties.
Who should I choose?[edit]
You should choose a trusted friend, a relative or your lawyer to act for you. You can have one or two people act as your attorney(s). The people who act as your attorney(s) can act together, or one or the other attorney can be named as an alternate. This will help make sure your wishes are followed.
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).
Four different types of power of attorney[edit]
There are four different types of power of attorney.
Which one you choose depends on your needs.
- regular power of attorney,
- enduring power of attorney,
- springing power of attorney, and
- limited power of attorney.
Regular power of attorney[edit]
In a regular POA, the power you give an attorney may be specific or general.
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.
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.
You can be incapable in one area of decision-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.
People can make bad decisions and not be mentally incapable. The test is whether they understand what they are doing.
Enduring power of attorney[edit]
An enduring power of attorney continues if you become mentally incapable.
You can cancel your enduring power of attorney at any time while you are mentally capable.
You cannot cancel an enduring power of attorney if you are mentally incapable.
The attorney must follow your instructions. The attorney must act in your best interests and consider what your wishes would be.
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 case, it becomes a springing power of attorney, which is discussed next.)
Springing power of attorney[edit]
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.
A springing power of attorney must say:
- what event will start it, and
- how people will know without a doubt that the event has happened.
Limited power of attorney[edit]
In a limited power of attorney, you say exactly what action your attorney can take, and put a time limit on when the power of attorney ends.
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 have worries about your attorney[edit]
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 account 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 contact one of the agencies listed at the end of the Find Out More section.
Joint bank accounts[edit]
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.
Sometimes people put their bank account 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 account 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 account for you. You can also ask the government to have your pension and other cheques deposited directly into your bank account. The bank will send you a monthly statement so that 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 seniors.
You can also open a second, smaller bank account. You can ask the bank to regularly move funds from your main account into the second account to pay for what you need each month. The person who is helping you with banking and shopping can withdraw money from this account but not the main account. The main account stays in your name only.
Talk to your bank manager for more ideas on keeping your money safe.
Representation agreements[edit]
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, and
- enhanced representation agreements.
Standard representation agreements give limited authority to the representative you name to make some health and routine financial decisions for you.
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.
Enhanced representation 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 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?[edit]
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[edit]
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.
Advance directives often deal with end-of-life decisions. 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
- 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. 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[edit]
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 access 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 account information to someone you don’t know and trust. Keep your passwords and bank cards separate.
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.
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.
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.
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 also register for the National Do Not Call List to reduce calls from people and companies trying to sell you things. Visit www.lnnte-dncl.gc.ca/index-eng for more information on how to register a phone number for the National Do Not Call List.
If you have a problem, see the resources listed in the Find Out More section. Remember, if an offer sounds too good to be true, it usually is.
Know what you're signing[edit]
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[edit]
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.
A will is a written legal document that contains your instructions about what happens to your estate after you die.
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.
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.
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.
You can cancel an old will and make a new one, as long as you are mentally capable.
Elder abuse[edit]
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 contact 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?[edit]
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.
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013. |
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