Difference between revisions of "Older People and the Law"

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{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge
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|lessonname= Elder Law Lesson Module}}
Elder law covers the laws that affect older people. In this section you will learn about:
This section deals with the laws that especially affect older people. This area of law is often called '''elder law'''.  
*Retirement and government benefits
*Power of attorney
*Joint bank accounts
*Representation agreements
*Advance directives
*Protecting yourself and your money
*Wills and estates
*Elder abuse
==Retirement and government benefits==
[[File:Elderly group at cafe.jpg | right | frame | Copyright www.shutterstock.com]]
The federal government manages two major public pension programs through Service Canada:
*Old Age Security (OAS), based on years of living in Canada, and
*Canada Pension Plan (CPP), based on years of work in Canada and the amount paid into the plan.  


==Old Age Security==
{{PLSTipsbox
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.  
| text = For updated and in-depth coverage of how the law affects older people in BC, visit [https://www.peopleslawschool.ca/ peopleslawschool.ca].
===When do I apply for OAS? ===
}}
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 ==
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:  
==Retirement and government benefits==
*you are 60-64 years old and have stopped working or have a low income, or
[[File:Learning about the Law - Older people.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]]
*you are 65 years or older.  


In Canada, people have a right to keep working after age 65.  
The government offers several programs to help people financially as they get older. These '''social security''' programs pay benefits when someone retires, becomes disabled, or loses a job.


If you work past age 65, you can be receiving CPP benefits at the same time.  
* '''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.  


You can also continue paying in to CPP until age 70; this will increase the amount you receive in retirement benefits.  
===Old Age Security===
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.  


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.
If you have a low income, you may be eligible for additional benefits on top of the Old Age Security pension. For those age 60 to 64, there are allowance benefits. For those age 65 and over, there is a guaranteed income supplement.
===How do I apply? ===
To apply for OAS, the GIC supplement, CPP benefits and for more information on federal government programs, contact:


'''Service Canada'''<br/>
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. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca]. Have your '''social insurance number''' ready when you contact them.
For service in English: 1-800-277-9914 <br/>
For service in French: 1-800-277-9915 <br/>
Hearing or speech impairment: <br/>
1-800-255-4786 <br/>
www.servicecanada.gc.ca <br/>


Have your Social Insurance Number ready when you call.
===Canada Pension Plan===
==International benefits==  
If you worked in Canada, you can get a monthly retirement pension as early as age 60.  
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:
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.


'''International Benefits Program''' <br/>
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.
Telephone: 1-613-957-1954<br/>
Fax: 1-613-952-8901 <br/>
Toll free in Canada and the United States: 1-800-454-8731 <br/>
TTY in Canada and the United States: 1-800-255-4786 <br/>


Always have your Social Insurance Number ready when you call.
The CPP also provides benefits when contributors become disabled or die.  
==Power of attorney ==
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'''.
<blockquote>'''Note''': In this section, the word “attorney” does not refer to a lawyer. It refers to someone who has power of attorney. </blockquote>


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.  
The standard age to start receiving your CPP retirement pension is 65. But you can take a reduced pension as early as age 60.  
===Who should I choose? ===
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.  
Your CPP retirement pension does not start automatically. You must apply for it. You can do so online at [https://www.canada.ca/cpp canada.ca/cpp] or at a Service Canada office. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca].


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).
===Employment insurance===
==Four different types of power of attorney ==
Older adults who continue working after age 65 are eligible for the same employment insurance benefits as other workers in Canada.  
There are four different types of power of attorney.  


Which one you choose depends on your needs.
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.
#Regular power of attorney
#Enduring power of attorney
#Springing power of attorney
#Limited power of attorney


===Regular power of attorney ===
Employment insurance also provides sickness benefits if you can’t work because of sickness or injury, as well as benefits to help caregivers take time away from work to care for family members who are ill or injured.  
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.  
You can apply for EI benefits online at [https://www.canada.ca/ei canada.ca/ei] or at a Service Canada office. You can find their office locations at [https://www.servicecanada.gc.ca/ servicecanada.gc.ca].  


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.  
==Managing your money==
===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 it.


You can be incapable in one area of decision-making, yet still be able to manage your life in other areas.
Sometimes people put their bank account into joint names with a trusted relative or friend 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.  
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.
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.  
[[File:Elderly single man headshot.jpg | right | frame | Copyright www.shutterstock.com]]
===Enduring power of attorney ===
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.  
===Direct deposits and automatic payments===
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.  


You cannot cancel an enduring power of attorney if you are mentally incapable.  
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.  


The attorney must follow your instructions. The attorney must act in your best interests and consider what your wishes would be.  
Talk to your bank manager for more ideas on keeping your money safe.  


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.)
==Protecting yourself and your money==
===Springing power of attorney ===
Sadly, sometimes people try to take advantage of you, especially as you get older.  
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:
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.  
*what event will start it, and
*how people will know without a doubt that the event has happened.  


===Limited power of attorney ===
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.  
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.
Here are some key ways to protect yourself and your money.  
A limited POA ends when the action is completed or when the time limit has passed.
==If you have worries about your attorney ==
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.  
===Be careful with your personal information===
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.  


Talk to a lawyer for help and advice, or contact one of the agencies listed at the end of the '''[[Find Out More in Learning about the Law|Find out more - Elder Law]]''' section.
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.  
==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.


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.  
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.  


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.  
===Don’t give information when someone contacts you===
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 information about yourself or your accounts.  


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.  
A bank will never ask for personal information or passwords over the phone unless you call them, and in that case, the bank will ask you to prove your identity. A bank will never email you and ask for your passwords or the numbers for debit or credit cards.


Talk to your bank manager for more ideas on keeping your money safe.
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.  
==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:  
===Register with the do not call list===
*Standard representation agreements
You can register for the national do not call list at [https://www.lnnte-dncl.gc.ca/ lnnte-dncl.gc.ca] to reduce calls from people and companies trying to sell you things.
*Enhanced representation agreements


'''Standard representation agreements''' give limited authority to the representative you name to make some health and routine financial decisions for you.  
==Elder abuse==
'''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.


Standard representation agreements do not allow a representative to make decisions about end-of-life care.  
===Signs of abuse===
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.


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.
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.  
'''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.
===Where to go for help===
===Who should I choose to be my representative? ===
Everyone deserves to be treated with dignity and respect. Elder abuse is always wrong, and can also be a criminal offence.  
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.
[[File:Showing elderly woman paper.jpg | right | frame | Copyright www.shutterstock.com]]
==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.  


Advance directives often deal with end-of-life decisions. Some people use the term “living will” when talking about an advance directive.  
The following resources can provide support to you or someone you know. See the Find Out More section for additional contact information.  


Instructions in your advance directive can be:  
* If someone is in immediate danger, '''call 911'''.
*general statements such as: I don’t want to be connected to machines to stay alive, or  
* 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. For more information, see [https://seniorsfirstbc.ca/ seniorsfirstbc.ca].
*specific statements such as: I don’t want to receive donated blood.  
* 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. Visit [https://bccrns.ca/search bccrns.ca/search] to search the network by organization name, health authority region, or community group.
* 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, 24/7.  


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.  
==Wills and planning for your future care==
At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older.  


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.  
For most people, making a '''will''' is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a '''power of attorney''' and a '''representation agreement'''.
==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.  


Criminals use a variety of methods to trick people and take their money. Older people are often the target of these criminal tricks.  
{{PLSTipsbox
| text = For updated and in-depth information on wills and planning for your future care, visit [https://www.peopleslawschool.ca/ peopleslawschool.ca].  
}}


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.  
===Making a will===
A '''will''' is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a '''beneficiary'''.)


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.  
A will is not the same as a '''power of attorney'''. A power of attorney sets out your instructions for dealing with your financial and legal affairs ''while you are alive''. (See the next section about powers of attorney.)


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.
In your will, you need to name someone to be your '''executor'''. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney.


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.  
Most people ask a family member or close friend to be their executor. Or, if you prefer, you can ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over.  


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.  
You can cancel a will and make a new one any time, as long as you are mentally capable.  


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.  
{{PLSStorybox
| image = [[File:Headshot_-_Learning_about_the_Law_-_Maricel_-_2023.png|link=]]
| text      = “My husband and I were married for over 40 years. He died without a will. I had a hard time figuring out what to do. I ended up hiring a lawyer, who helped me apply to court to become the administrator of my husband’s estate. There was a lot to do and it took months to process. I don’t want my kids to go through that, so I made a will to make it easier for them to deal with my estate when the time comes.” <br>– Maricel, Fort St. John, BC
}}


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.
===Making a power of attorney===
 
A '''power of attorney''' is a legal document that names another person to be your '''attorney'''. An attorney is someone you trust to manage your financial and legal matters while you are alive. They must act in your best interests and follow your wishes.  
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 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.  


If you have a problem, see the resources listed in the [[Find Out More in Learning about the Law|Find out more - Elder Law]] section..
{{PLSTipsbox
Remember, if an offer sounds too good to be true, it usually is.
| text = The word '''attorney''' does not refer to a lawyer. It refers to the person you choose to manage your affairs under the power of attorney.
==Know what you’re signing ==
}}
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.


[[File:Stock will and testament.jpg | right | frame | Copyright www.shutterstock.com]]
Most people draw up a power of attorney to make sure someone can step in to manage their affairs in case they lose their mental capacity. The person you appoint as your attorney can pay your bills, deposit money in your bank account, invest your money, or sell your home. But they can’t make health care decisions for you.  
==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.  


A Will is a written legal document that contains your instructions about what happens to your estate after you die.  
You must be '''mentally capable''' when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result.


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 can still handle your own affairs after you appoint an attorney. You can also '''revoke''' (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable.  


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.  
====Choosing an attorney====
Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first.  


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 have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an alternate (a backup). This will help make sure your wishes are followed.  


You can cancel an old Will and make a new one, as long as you are mentally capable.
====There are different types of power of attorney====
==Elder abuse ==
There are different types of power of attorney. Which one you choose depends on your needs.
Elder abuse is mistreatment that results in harm or loss to an older person. Elder abuse falls into a number of different categories:
* '''General power of attorney'''. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable.  
* '''Enduring power of attorney'''. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable.
* '''Limited power of attorney'''. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away.


'''Physical abuse''': using physical force against an older adult.  
====If you have worries about your attorney====
Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people.  


'''Financial abuse''': misusing an older adult’s money or property. It includes forcing an older adult to sign a document.  
If you are worried about financial abuse, you can contact the places listed above under '''elder abuse'''. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section.


'''Neglect''': the person is not being kept clean and safe.  
===Making a <span class="noglossary">representation</span> agreement===
A '''representation agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''.


'''Sexual abuse''': forced sexual contact of any kind.  
There are two types of representation agreements. A '''standard representation agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care.


'''Psychological or emotional abuse''': any actions that cause mental and emotional harm. It includes threats, verbal abuse, non-verbal abuse and humiliation.
Standard representation agreements are typically made by people who already have limited mental capacity. To make this type of agreement, they have to be able to understand what they’re agreeing to and what effect it will have on them.  
==What are some signs of abuse? ==
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.  
An '''enhanced representation agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life.
==Where to go for help ==
You deserve to be treated with dignity and respect. Elder abuse is always wrong, and can also be a criminal offence.  


If you think you may need legal advice, contact a lawyer.  
To make an enhanced representation agreement, you need to have full mental capacity.  


The following resources can provide support to you or someone you know:
In choosing a representative, it’s important to 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.


'''BC Centre for Elder Advocacy and Support (BC CEAS)''' provides '''confidential''' legal information and emotional support over the phone. BC CEAS can also provide legal representation. Contact details are in the [[Find Out More in Learning about the Law|Find out more - Elder Law]] section.  
===Making an <span class="noglossary">advance</span> directive===
In an advance directive, you can record your instructions for accepting or refusing specific health care treatments. It’s meant to “stand in” for you in the future — at a time you need health care but aren’t capable of providing consent.


'''BC Human Rights Coalition''' provides information and services to people in BC who need help to protect their rights under the BC Human Rights Code. For more information phone 604-689-8474 or toll free 1-877-689-8474.  
Advance directives are usually appropriate for people with a specific medical condition or who are at end-of-life. Some people use the term "living will" when talking about an advance directive.  


'''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.  
Instructions in your advance directive can be general statements such as "''I don't want to be connected to machines to stay alive.''" Or they can be specific statements such as “''I don't want to receive donated blood.''”


'''BC Association of Community Response Networks (BCCRN)''' can provide information and help to anyone who is being abused or neglected, or is supporting someone who is. To find your local Community Response Network, email info@bccrns.ca or go to www.bccrns.ca.  
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.  


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.
You have to be mentally capable to make an advance directive.  
The '''Public Guardian and Trustee’s Office''' can tell you which local agency has the responsibility to respond to reports of abuse and neglect of older adults. Phone: 604-775-1007 or 604-660-4444. If calling from outside the Lower Mainland, call Service Canada at 1-800-663-7867 and ask to be transferred to the Public Guardian and Trustee’s Office.


''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.  
===Know what you're signing===
Signing a legal document means you agree to everything written in it. The document becomes legally binding.  


'''The police'''. If you are in immediate danger, call 911. In non-emergencies or if there has been a criminal offence (like theft), call your local police. You may wish to make a police report.  
Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend.  


'''our 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.
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Latest revision as of 23:42, 13 March 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.

This section deals with the laws that especially affect older people. This area of law is often called elder law.

Retirement and government benefits

Image via www.istock.com

The government offers several programs to help people financially as they get older. These social security programs pay benefits when someone retires, becomes disabled, or loses 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

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 age 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. You can find their office locations at servicecanada.gc.ca. Have your social insurance number ready when you contact them.

Canada Pension Plan

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 CPP 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 at canada.ca/cpp or at a Service Canada office. You can find their office locations at servicecanada.gc.ca.

Employment insurance

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, as well as 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 at canada.ca/ei or at a Service Canada office. You can find their office locations at servicecanada.gc.ca.

Managing your money

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 it.

Sometimes people put their bank account into joint names with a trusted relative or friend 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

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

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

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

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 information about yourself or your accounts.

A bank will never ask for personal information or passwords over the phone unless you call them, and in that case, the bank will ask 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

You can register for the national do not call list at lnnte-dncl.gc.ca to reduce calls from people and companies trying to sell you things.

Elder abuse

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

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

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. For more information, see seniorsfirstbc.ca.
  • 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. Visit bccrns.ca/search to search the network by organization name, health authority region, or community group.
  • 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, 24/7.

Wills and planning for your future care

At any age, it’s important to put your affairs in order in case something drastic happens to you. But this becomes especially important as you get older.

For most people, making a will is a critical step to plan for their passing. And there are documents to consider putting in place in case you get sick or become mentally incapable. These include a power of attorney and a representation agreement.

Making a will

A will is a legal document that sets out what will happen after you die to (most of) your property and any minor children. (A will doesn't cover property you own jointly with other people or accounts where you've named a beneficiary.)

A will is not the same as a power of attorney. A power of attorney sets out your instructions for dealing with your financial and legal affairs while you are alive. (See the next section about powers of attorney.)

In your will, you need to name someone to be your executor. This is the person who carries out the instructions in your will. The executor of your will is not automatically the same person as your power of attorney unless you appoint the same person as your executor and as your attorney.

Most people ask a family member or close friend to be their executor. Or, if you prefer, you can ask a lawyer or private trust company. You should name a backup executor in case the person you choose isn't able or willing to do the job at the time. Then the backup can take over.

You can cancel a will and make a new one any time, as long as you are mentally capable.

Making a power of attorney

A power of attorney is a legal document that names another person to be your attorney. An attorney is someone you trust to manage your financial and legal matters while you are alive. They must act in your best interests and follow your wishes.

Most people draw up a power of attorney to make sure someone can step in to manage their affairs in case they lose their mental capacity. The person you appoint as your attorney can pay your bills, deposit money in your bank account, invest your money, or sell your home. But they can’t make health care decisions for you.

You must be mentally capable when you sign a power of attorney. This means you must understand what you are doing and what might happen as a result.

You can still handle your own affairs after you appoint an attorney. You can also revoke (that is, cancel) a power of attorney at any time and make a new one with a different attorney, as long as you are mentally capable.

Choosing an attorney

Choosing your attorney is an important decision, and it's not always easy. Most people ask a trusted friend, a relative, or a lawyer to be their attorney. Key considerations include choosing someone you trust, who understands the responsibilities involved, and who ensures your needs — not theirs — come first.

You can have one or two people act as your attorney. The people who act as your attorney can act together, or one or the other attorney can be named as an alternate (a backup). This will help make sure your wishes are followed.

There are different types of power of attorney

There are different types of power of attorney. Which one you choose depends on your needs.

  • General power of attorney. You appoint an attorney to manage your financial and legal affairs, but the appointment ends if you become mentally incapable.
  • Enduring power of attorney. You appoint an attorney to manage your financial and legal affairs, and the appointment continues — or “endures” — in the event you become mentally incapable.
  • Limited power of attorney. You give someone the power to do certain things only. You say exactly what action your attorney can take. For example, if you are travelling in another country, you might give your attorney the power to do your banking while you are away.

If you have worries about your attorney

Your attorney has a duty to act in your best interests and to follow your wishes. But some attorneys misuse their power. They might take funds out of your bank account without your permission. Or sell what you own and use the money for themselves. This is financial abuse and sadly it happens often, especially to older people.

If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the Find Out More section.

Making a representation agreement

A representation agreement is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your representative.

There are two types of representation agreements. A standard representation agreement gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care.

Standard representation agreements are typically made by people who already have limited mental capacity. To make this type of agreement, they have to be able to understand what they’re agreeing to and what effect it will have on them.

An enhanced representation agreement gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) 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.

In choosing a representative, it’s important to 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.

Making an advance directive

In an advance directive, you can record your instructions for accepting or refusing specific health care treatments. It’s meant to “stand in” for you in the future — at a time you need health care but aren’t capable of providing consent.

Advance directives are usually appropriate for people with a specific medical condition or who are at end-of-life. 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 they can be 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.

You have to be mentally capable to make an advance directive.

Know what you're signing

Signing a legal document means you agree to everything written in it. The document becomes legally binding.

Don’t be pressured into signing any legal document. And don’t sign anything you don’t understand. Take your time. If you have any questions, talk with a lawyer or a trusted friend.


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