Difference between revisions of "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)"

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The following list represents some non-legal solutions that may assist the abused person.  
The following list represents some non-legal solutions that may assist the abused person.  


skip 4-23
=== 1. General Support and Intervention Strategies ===
 
The client’s nearest health unit (see the telephone book’s blue pages for contact information) is probably the best place to start. A trained nurse or social worker will investigate the situation, present options to the client, and place them in contact with necessary assistance. Other resources could include:
 
'''BC Association of Community Response Networks'''
{{ResourcesLSLAP_addressphone
| address = Sherry Baker, Executive Director
| phone = (604) 513-9758
}}
 
'''B.C. Centre for Elder Advocacy and Support (BCCEAS)'''
{{ResourcesLSLAP_nodescription
| address = Martha Jane Lewis, Executive Director
| phone = (604) 688-1927
| online = [http://www.bcceas.ca Website]
}}
 
'''B.C. Coalition of People with Disabilities'''
{{ResourcesLSLAP_nodescription
| address = Mailing address: #204-456 West Broadway, Vancouver, BC V5Y 1R3
| phone = (604) 872-1278 <br /> Toll-Free: 1-800-663-1278 <br /> TTY Line (hearing impaired only): (604) 875-8835
| online = [www.bccpd.bc.ca/contacts.htm Website] (for more contact information) <br /> Email: feedback@bccpd.bc.ca
}}
 
=== 2. Shelter ===
 
If the abuser cannot be removed from the home, the client may need temporary shelter. Older and senior women at risk of violence may be admitted to women’s transition houses if space is available. Ama House in South Surrey/White Rock is a specialized transition house for older and senior women at risk of violence. See Chapter 22: Referrals for transition house phone numbers. Try to refer to those houses that do not have a one-week maximum stay, although be aware that all stays at transition houses are typically no longer than 30 days. If all of the local transition houses are full, Battered Women’s Support Services (telephone: (604) 687-1867) can sometimes locate alternative shelter. After Hours Services (see Chapter 22: Referrals) can also provide assistance and can refer elderly men to temporary shelter or housing.
 
=== 3. Home Support ===
 
The client may depend on the abuser for help in the home and may be reluctant to act because he or she fears being placed in a nursing home. In fact, the client may only need a little extra help to live alone. Phone the B.C. Ministry of Health Services Long-Term Care Program to determine whether the client is eligible to receive home support services (cleaning, handyman services, etc.). Moreover, home support services may also have the benefit of relieving  the stress a caregiver/abuser may experience, stress that sometimes causes the abuse.
 
Also phone Meals-On-Wheels, if necessary:
 
 


=== 4. Seniors’ Benefits ===
=== 4. Seniors’ Benefits ===

Revision as of 01:39, 17 July 2016



Abuse and neglect of seniors and adults with disabilities occurs when a caregiver or other person financially, physically, or emotionally abuses or neglects such an individual. Elder Abuse and abuse of adults with disabilities includes physical, mental or emotional harm, or damage or loss in respect of financial affairs (i.e., financial abuse). Examples include intimidation, humiliation, physical assault, sexual assault, over medication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors, neglect and self-neglect. Many types of abuse, and some types of neglect, are criminal offences. All types of abuse and neglect are harmful. Such abuse can occur because a caregiver cannot deal with the stress of caring for the disabled or older person, because of alcohol or substance abuse or for more complex psychosocial reasons. Further, individuals who have suffered years of spousal abuse may also be susceptible to further neglect and abuse, such as financial abuse, by others.

Abuse or neglect of seniors and adults with disabilities is often hidden behind inquiries about benefits, services, and wills and estates. For instance, such an individual may inquire about housing benefits available to them. A little probing may uncover that the reason for wanting housing benefits is to escape an abusive relative who has taken control of their house. LSLAP clinicians should watch for subtle indications of abuse and neglect.

Some older adults may be embarrassed to reveal abuse or neglect, particularly if a family member is involved. Some may not know how to get help, or be unsure if what they are experiencing is considered abuse or neglect. Some may worry about repercussions on their family member or caregiver. They may also fear retaliation from the person who harmed them. Or they may fear losing services they need, losing their money, having to move, or breaking up the family. They may worry about not being believed.

A. Ending the Abuse or Neglect

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 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.

VictimLink BC provides information and referrals to all victims of crime, and immediate crisis support to victims of family and sexual violence. Call 1-800-563-0808 or go to http://www.victimlinkbc.ca. The Seniors Abuse and Information Line (SAIL) is a toll free telephone line which is staffed 7 days a week (excluding holidays), 8 a.m. – 8 p.m. SAIL is a safe place for older adults, and those who care about them, to talk to someone about situations where they feel they are being abused or mistreated, or to receive information about elder abuse prevention. Call 604-437-1940 or toll free 1-866-437-1940.

The Adult Guardianship Act, RSBC 1996, c 6, has special provisions on abuse and neglect (including 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. The Public Guardian and Trustee investigates reports of financial abuse and may provide financial management services for adults incapable of managing their own affairs. It makes referrals to designated agencies if there are concerns about physical risk or harm to the vulnerable adult. Designated agencies respond to reports of abuse or neglect involving adults in these circumstances and notify police if it appears a criminal offence was committed.

Designated Agencies under the Adult Guardianship Act include Regional Health Authorities, Providence Health Care Society, and Community Living BC. The agencies respond to reports of abuse or neglect of adults who cannot obtain help on their own because of certain physical or mental conditions. They can address a range of health and safety issues and help in informal or formal ways.

Other B.C. laws aiming to protect adults in financial and health-care matters include: the Public Guardian and Trustee Act, the Representation Agreement Act, and the Health Care (Consent) and Care Facility (Admisssion) Act.

Remember that the client may depend on his or her abuser for financial or physical assistance. If the client wants to make a report that may lead to the laying of information, move to a transition house, or getting a protection order (see Section VI.B.3: Protection Order, below), he or she may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the client are listed below.

B. Legal Remedies

1. Criminal Charges

No B.C. legislation specifically addresses abuse of elders and adults with disabilities but the following Criminal Code sections may apply:

  • s 265: assault;
  • s 215(1)(c): duty of persons to provide necessaries to a person under his or her charge;

Financial abuse offences:

  • s 322: theft;
  • s 331: theft by person holding power of attorney; and
  • s 332: misappropriation of money held under direction.

Remember that a client may be reluctant to make a report that may lead to the laying of an Information against a family member.

2. Peace Bond

Pursuant to s 810 – 811 of the Criminal Code, a peace bond requires that the abusive person “keep the peace” for up to 12 months or face a possible prison sentence.

3. Protection Order

A protection order (formerly referred to as a restraining order) restricts contact between the abused and abuser and is available pursuant to s 183 of the Family Law Act, but only if the abused is a spouse or family member that lives with the abuser. The Family Law Act defines “spouse” as someone who is married to another person or has lived with another person in a marriage-like relationship and has done so for a continuous period of two years or has children with another person. The Act defines a “family member,” with respect to a person, as that person’s spouse or former spouse; a person with whom the person is living, or has lived, in a marriage-like relationship; a parent or guardian of the person’s child; a person who lives with and is related to the person; or the person’s child.

A restraining order can also be obtained under s 56(3)(c) of the Adult Guardianship Act. It is necessary to note the defendant’s date of birth when applying for the restraining order so that it is not placed against the wrong individual. Applicants should remember to include a Police Enforcement Clause so that the police are required to act on breaches. Once the order is in place, it is registered with Protection Order Registry, which is accessible by police.

4. Conditional Release or Probation

Another way to protect the client 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 client. Keep in mind that the burden of proof is higher in criminal matters than civil matters, including when proving a breach of conditions.

C. Other Remedies

B.C. has a Minister of State for Seniors, a Seniors’ Health Promotion Directorate and the Office of Seniors Advocate.

The following list represents some non-legal solutions that may assist the abused person.

1. General Support and Intervention Strategies

The client’s nearest health unit (see the telephone book’s blue pages for contact information) is probably the best place to start. A trained nurse or social worker will investigate the situation, present options to the client, and place them in contact with necessary assistance. Other resources could include:

BC Association of Community Response Networks

Address Sherry Baker, Executive Director
Phone (604) 513-9758


B.C. Centre for Elder Advocacy and Support (BCCEAS) Template:ResourcesLSLAP nodescription

B.C. Coalition of People with Disabilities Template:ResourcesLSLAP nodescription

2. Shelter

If the abuser cannot be removed from the home, the client may need temporary shelter. Older and senior women at risk of violence may be admitted to women’s transition houses if space is available. Ama House in South Surrey/White Rock is a specialized transition house for older and senior women at risk of violence. See Chapter 22: Referrals for transition house phone numbers. Try to refer to those houses that do not have a one-week maximum stay, although be aware that all stays at transition houses are typically no longer than 30 days. If all of the local transition houses are full, Battered Women’s Support Services (telephone: (604) 687-1867) can sometimes locate alternative shelter. After Hours Services (see Chapter 22: Referrals) can also provide assistance and can refer elderly men to temporary shelter or housing.

3. Home Support

The client may depend on the abuser for help in the home and may be reluctant to act because he or she fears being placed in a nursing home. In fact, the client may only need a little extra help to live alone. Phone the B.C. Ministry of Health Services Long-Term Care Program to determine whether the client is eligible to receive home support services (cleaning, handyman services, etc.). Moreover, home support services may also have the benefit of relieving the stress a caregiver/abuser may experience, stress that sometimes causes the abuse.

Also phone Meals-On-Wheels, if necessary:


4. Seniors’ Benefits

The client may not be receiving all of the financial benefits he or she is entitled to. These benefits (Old Age Security Pension, Guaranteed Income Supplement, CPP, Shelter Aid for Elderly Renters, and others) may give the client more freedom to change his or her situation. Phone a local seniors’ centre for more information.

5. Emotional Support, Counselling

Vancouver Health Department, Local Health Units (see telephone book for the nearest one) will investigate situations, present options to the abused person and place him or her in contact with local agencies and assistance. Health Department nurses will not forcibly intervene to remove a disabled or senior individual from an abusive situation. They will act only as instructed by the older person.

Under the Public Guardian and Trustee Act, RSBC 1996, c 383, the Public Guardian and Trustee of B.C. has the ability to access information and investigate suspected abuse and neglect (see contact information at Section I.A.3:Resources).

6. Links to the Community

The client may feel isolated and lonely. Ask the clien if they would like a referral to a community organization. Community organisations such as a social or volunteer organisation can give them a sense of belonging and self-esteem.