Difference between revisions of "Seniors' Rights and Elder Abuse"

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{{Dial-A-Law TOC|expanded = rights}}
{{Dial-A-Law TOC|expanded = rights}}
This script has legal information for seniors on financial help, elder abuse, and financial and medical affairs (this last section deals with wills, powers of attorney, mental incapacity, transferring a home to a child, and lending money to family members).
When someone in a trusted relationship with an older person does something that harms or distresses them, this is '''elder abuse'''. Learn what options exist if you suspect elder abuse.


=Financial help for seniors=
==Understand your legal rights==
Lots of financial help is available for seniors, including home care support and assisted living, free flu shots, discounted prescriptions, housing benefits like rent help, homeowner’s grants and deferred property taxes, and discounted bus passes. If you’re 60 or over, you should know about these benefits.


==What old age security and other income assistance can you get?==
===You have the right to live in the manner you wish and free of elder abuse===
Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to live in the manner they wish as long as they don’t harm others and they are capable of making decisions.


*'''[https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security.html OAS]''': You may qualify for the Old Age Security Pension (OAS) if you’re a Canadian citizen or landed immigrant, 65 or older. The amount you get depends on how long you’ve lived in Canada. If you don’t receive a letter from Service Canada soon after you turn 64, you will have to apply for OAS. Do that as soon as you can to avoid losing any payments.
Older adults, like everyone, have the right to live in safety and security. When someone in a relationship of trust with an older person does something that causes them harm or distress, this is called '''elder abuse'''.


*'''[https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security/guaranteed-income-supplement.html Guaranteed Income Supplement]''': As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you have, the more of this supplement you can get. In addition, the [http://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/income-security-programs/seniors-supplement Senior’s Supplement] is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement or federal allowances. If your income level falls below a level that BC guarantees, the supplement makes up the difference. It is automatic if you qualify—you don’t need to apply.
Elder abuse takes many forms. It can be '''physical abuse''', including striking or pushing an older adult, over- or under-medicating them, or inappropriately restraining them.  


*'''[http://www.servicecanada.gc.ca/eng/services/pensions/oas/allowance.shtml Allowance]''': If you’re aged 60 to 64 and your spouse is a senior who is getting the OAS pension and Guaranteed Income Supplement, you might also qualify for an Allowance. The Allowance is extra money for couples who live on only one OAS pension. If your spouse dies and you’re between 60 and 64, you might be eligible to get the Allowance for the Survivor.
It can be '''psychological abuse''' that decreases their sense of self-worth or dignity. This includes insulting or humiliating an older adult, intimidating or threatening them, treating them like a child, invading their privacy, or isolating them from friends or activities.  


*'''[http://www.eia.gov.bc.ca/bcea.htm Welfare or income assistance]''': If you’re not eligible for the OAS or Guaranteed Income Supplement, but need money for food, housing, clothing and other basic needs, you may be eligible for welfare or income assistance.
It can be '''financial abuse'''. This can involve misusing or stealing an older adult's assets or money, pressuring them to change a will or sign legal documents they don’t fully understand, or sharing their home without paying a fair share of the expenses when asked.


*'''[https://www.canada.ca/en/services/benefits/publicpensions/cpp.html CPP]''': A person who has worked and contributed to the Canada Pension Plan (CPP) and then retired can receive a pension from the Canadian government. This is an extra benefit, in addition to the OAS. CPP retirement benefits may begin as early as age 60.
It can take the form of '''neglect'''. This is a lack of action that harms an older person, such as not providing appropriate food or shelter, medical attention, or assistance with basic necessities.
Often, more than one type of abuse occurs at the same time. Abuse can be a single incident or a repeated pattern of behaviour.


*'''[http://www.bchousing.org/Initiatives/Providing/SAFER SAFER]''': BC has the Shelter Aid for Elderly Renters Program (SAFER), which provides monthly cash payments to eligible BC residents who are 60 years or over and pay rent for their homes.
===If an older adult is being abused===
If you or someone you know is in immediate danger, '''dial 9-1-1''' or call the emergency number listed in the front of your phone book.


*Other benefits: Other financial benefits may also be available—including [http://www2.gov.bc.ca/gov/topic.page?id=FF2B581F15564F43AB4FF487FF509193 employment insurance benefits] if you continue working after age 65, [http://www.veterans.gc.ca/eng/services/resources/benefits Veterans Affairs Canada benefits], [https://www.canada.ca/en/financial-consumer-agency/services/financial-toolkit/taxes/taxes-3/7.html refundable and non-refundable tax credits], [http://www2.gov.bc.ca/gov/topic.page?id=CFFAE6C0FF6E40818B00C2413B3B9ACC BC sales tax credits] and others.
In non-emergency situations, there are many organizations that can help abused or neglected older adults or their friends and family get help and protection. The '''BC Association of Community Response Networks''' are people working on a local level to help coordinate community response to elder abuse. Their website at [http://www.bccrns.ca bccrns.ca] features a way to search for contacts and supports in your community.


For more information on financial help for seniors, check:
'''VictimLink BC''' is a toll-free, confidential, telephone service available 24x7. They provide information and referral services to all victims of crime and immediate crisis support to victims of family and sexual violence. You can contact them at 1-800-563-0808 or [http://victimlinkbc.ca victimlinkbc.ca].


*'''[https://www.canada.ca/en/services/benefits/publicpensions.html Public pensions]''' on the Service Canada website. Or phone Service Canada at 1.800.622.6232.
====If the adult can’t seek help on their own====
*'''[http://www.canadabenefits.gc.ca/f.1.2ch.4m.2@.jsp?lang=eng CanadaBenefits]'''—the seniors section has a long list of programs and related links. They cover finances, housing, health, and personal safety.
An older adult who is struggling to manage on their own is particularly vulnerable to abuse.
*The '''[http://www.seniorsbc.ca/ BC government seniors website]''' or the '''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]'''—call 1.877.952.3181 or call the BC Ministry of Health at 1.800.465.4911..
*The '''[http://www.sd.gov.bc.ca/programs/bus-pass.html Bus Pass Program]''' offers lower cost, annual bus passes for low-income seniors and people receiving disability assistance from British Columbia.
*The '''[http://www.publiclegaled.bc.ca/category/people-focused/seniors/ Publications page]''' on the People’s Law School website. It has a lot of information including guides in a series called, “'''When I’m 64'''”. It has a video and a set of booklets covering services, benefits, planning for the future, and other topics.  


=Elder abuse=
If you have concerns about the health and safety of an adult, or suspect they are being abused or neglected, you may make a confidential report to a “'''designated agency'''”. The designated agencies in BC are the five regional health authorities, Providence Health Care, and Community Living BC (for adults with developmental disabilities). If a designated agency receives a report, it will investigate and offer support and assistance to the adult, or take steps to protect the adult. The Public Guardian and Trustee of BC, a public office that provides services to vulnerable people in the province, has a list of numbers to call for designated agencies in communities across the province on its website at [http://www.trustee.bc.ca/Documents/designated-agency-responders/DA%20responders%20list%20revised%20July%2016%2009.pdf trustee.bc.ca].
Elder abuse is surprisingly common—1 in 12 seniors in BC is abused. BC’s ''Adult Guardianship Act'' tries to protect adults from abuse, neglect and self-neglect. It defines abuse as deliberate mistreatment that causes physical, mental or emotional harm to the adult, or damage to, or loss of, their assets. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack of medication, censoring of mail, invasion of privacy and denial of access to visitors. The BC government website on [http://www2.gov.bc.ca/gov/topic.page?id=31E45F6D04A74FBF96C37540B2B4E483 protection from elder abuse and neglect] has more information on the topic.


==Who can help if you are being mistreated (or if an older adult you know is mistreated)?==
You can also seek help from the '''Public Guardian and Trustee''' if you have concerns about the financial and legal affairs of a vulnerable adult (for example, you suspect there is financial abuse). You can make a report to the Public Guardian and Trustee through its website at [http://www.trustee.bc.ca/services/services-to-adults/Pages/assessment-and-investigation-services.aspx trustee.bc.ca] or call 604-660-4444. They can help identify options, and investigate if there is an urgent need.
*'''Designated Agency''': Contact a Designated Agency to report abuse or neglect of an adult. Designated agencies are the regional health authorities, the Providence Health Care Society, and Community Living BC (for adults with developmental disabilities). Call the Health Information Line at 1.800.465.4911 and ask for your regional health authority.


*'''[http://www.trustee.bc.ca/services/services-to-adults/Pages/abuse-neglect.aspx Public Guardian and Trustee of BC]''': Contact this office to report abuse or neglect of an adult. Call 604.660.4444 in Vancouver. Elsewhere in BC, call Service BC at 1.800.663.7867 (toll-free) and ask to be transferred to this office. They have a list of who to call to help an adult get support and to report abuse or neglect.
====If the adult is in assisted living====
The '''Assisted Living Registrar''' has a mandate to protect the health and safety of assisted living residents. If you are concerned about the health and safety of someone living in an assisted living residence, you can contact the Registrar by calling toll-free 1-866-714-3378.  


*'''Patient Care Quality Office''': Each health authority must have a “patient care quality office” to handle complaints about the quality of patient care. Health authorities also have [http://www.patientcarequalityreviewboard.ca/makecomplaint.html patient care quality review boards] to review the treatment of complaints. These complaint offices and review boards operate under the ''Patient Care Quality Review Board Act''.
===If you report elder abuse===
If you report elder abuse to a designated agency, they must consider your report. An investigator must make reasonable efforts to interview the older adult involved (whether that’s you or someone else).  


*'''[http://www2.gov.bc.ca/gov/content/health/accessing-health-care/assisted-living-registrar The Assisted Living Registrar]''': The Registrar’s mandate is to protect the health and safety of assisted living residents. Assisted living registry staff [http://www2.gov.bc.ca/gov/content/health/accessing-health-care/finding-assisted-living-or-residential-care/assisted-living-residences/making-a-complaint-about-an-assisted-living-residence investigate complaints] related to the health and safety of persons living in assisted living residences. Call 250.952.1369 or 1.866.714.3378 (toll-free).
If the problem can’t be solved informally, the designated agency may suggest options, including preparing a support and assistance plan, notifying the Public Guardian and Trustee (if there is a concern of financial abuse), and applying for a restraining order to keep the suspected abuser away. The designated agency must involve the older adult, to the greatest extent possible, in decisions about how to seek support and assistance.
 
*'''[http://seniorsfirstbc.ca/ Seniors First BC]''' (previously called BC Centre for Elder Advocacy & Support): This agency provides education, support and advocacy for older adults. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC.
 
*'''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]''': If you are concerned with the care and service provided to you or a family member by a health authority, call Office of the Seniors Advocate at 1.877.952.3181. The website also has links to many programs and services.
 
* The BC government site called '''[http://www2.gov.bc.ca/gov/topic.page?id=31E45F6D04A74FBF96C37540B2B4E483 Protection from elder abuse and neglect]''' explains where to get help.
 
==What happens if you report elder abuse?==
The designated agency must consider your report. An investigator must make reasonable efforts to interview the older adult involved (whether that’s you or someone else). If the problem can’t be solved informally, the designated agency may have several legal options, including preparing a support and assistance plan, notifying the Public Guardian and Trustee (PGT) (if there is a concern of financial abuse) and applying for a restraining order to keep the suspected abuser away. The designated agency must involve the older adult, to the greatest extent possible, in decisions about how to seek support and assistance.


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


The PGT investigates reports of financial elder abuse when the older adult’s assets are at risk and the person is incapable of managing his or her financial affairs. In some situations, the PGT may take steps to become “committee” of the estate, so it can make financial decisions to protect the person’s assets (“committee” is discussed later in this script). If the PGT gets a report involving concerns about physical risk, it will refer the situation to a designated agency.
====Where there is financial abuse====
The Public Guardian and Trustee investigates reports of financial elder abuse when the older adult’s assets are at risk and the person is incapable of managing their financial affairs. In some situations, the Public Guardian and Trustee may take steps to become '''committee''' of the estate, so it can make financial decisions to protect the person’s assets. If the Public Guardian and Trustee gets a report involving concerns about physical risk, it will refer the situation to a designated agency.


=Financial and medical affairs=
===If you are concerned with the response to a report of abuse===
If you are concerned about the response offered by a designated agency to a report of abuse, you have options.


==Changing your will==
If you reported the abuse to a health authority, you can complain to the health authority’s '''Patient Care Quality Office'''. Each health authority has one. You can make a complaint online at [https://www.patientcarequalityreviewboard.ca/makecomplaint.html patientcarequalityreviewboard.ca]. If you’re still not satisfied with how your complaint was handled or with the response you received, you can request that a Patient Care Quality Review Board look into the matter. Again, each health authority [https://www.patientcarequalityreviewboard.ca/requestreview.html has one].
You can always change your will as long as you’re mentally competent. Actually, you should change your will whenever your financial or personal circumstances change, or if your beneficiaries change (for example, if a beneficiary dies).


You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least 2 years. Under the former law, when a person got married, the marriage automatically revoked or cancelled their existing will. Under the new ''law, the Wills, Estates and Succession Act'' (the Act) that does not happen.
Another option if you are concerned with the care or service provided to you or a family member by a health authority, is you can contact the '''Office of the Seniors Advocate'''. The Seniors Advocate monitors seniors’ services and issues in BC, and makes recommendations to government and service providers to address systemic issues. You can call 1-877-952-3181 or visit their website at [http://www.seniorsadvocatebc.ca/ seniorsadvocatebc.ca].


A gift to a spouse and the appointment of a spouse as an executor are revoked if a person stops being a will-maker’s spouse after a will is made. When do people stop being spouses? Married people and people who have lived in marriage-like relationship for at least 2 years stop being spouses under the Act when they separate.
===Making decisions about your life and your health care===
Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to live in the manner they wish and to accept or refuse support as long as they don’t harm others and they are capable of making decisions about those matters. Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs.


You should always see a lawyer when making or changing your will.
The law presumes all adults are capable of giving, refusing, or revoking their consent to health care, unless it’s clear they are not capable of making those decisions. If a doctor questions a person’s mental capability, the doctor can require the person to have a capacity assessment performed by a medical expert. Our information on [[Adults and Consent to Health Care (Script 428)|adults and consent to health care (no. 428)]] explains this more fully.


==Can you disinherit a family member?==
==Common questions==
Yes, but the ''Wills, Estates and Succession Act'' lets a court change a will that doesn’t adequately provide for the maintenance and support of the deceased person’s spouse or children. So a court can change your will after you die if it decides that you’ve been unfair or unreasonable toward a spouse or child. However, by consulting a lawyer for estate planning, you may be able to give away your estate in other ways that don’t involve a will. For example, in some cases, an alter ego trust or a joint partner trust may let you avoid probate fees and the effect of the Act.


For more information on wills and estate planning, check scripts [[Making a Will and Estate Planning (Script 176)|176]] to [[The Disappointed Beneficiary (Script 179)|179]].
===How can I prepare for the possibility of becoming incapable of making my own decisions?===
It’s a good idea to plan for the possibility you won’t be able to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a '''power of attorney'''. With an “enduring power of attorney” you can appoint another person to make financial and legal decisions for you. It continues — or endures —  if you become mentally incapable. The person you appoint is called your attorney.


==What is a power of attorney? What is an enduring power of attorney?==
To deal with personal care and health care decisions, you can make a '''representation agreement'''. With this document you can appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own. For more on these planning documents, see our information on [[Power of Attorney and Representation Agreements (Script 180)|powers of attorney and representation agreements (no. 180)]].
A power of attorney is a document that appoints another person, called an “attorney,to make financial and legal decisions for you. An enduring power of attorney lets your attorney make the necessary financial and legal decisions for you if you become mentally incapable because of age, accident or illness. But these documents can’t deal with health care decisions. And if you want your attorney to deal with real estate, then you need the proper ''Land Title Act'' format. There are restrictions on who can be your attorney (for example, caregivers are not eligible), and formal procedures must be followed for signing a power of attorney. A lawyer can help you with this.


For more information, check script [[Power of Attorney and Representation Agreements (Script 180)|180]] on “Power of Attorney and Representation Agreements”.
If you do not have a representative, and someone needs to make a health care decision for you, a '''temporary substitute decision-maker''' may need to be appointed. Our information on [[Adults and Consent to Health Care (Script 428)|adults and consent to health care (no. 428))]] explains temporary substitute decision-makers and '''advance directives''', which are written instructions about health care wishes.


==Can you make your own decisions about your healthcare and where to live?==
===Should I transfer my home to my child so I can stay in it with them?===
All adults have the right to live as they wish and to accept or refuse support or assistance, as long as they’re capable of making these decisions and don’t harm others. BC’s ''Health Care (Consent) and Care Facility (Admission) Act'' also confirms the right of all adults over 18 to make their own medical and health care decisions.
It depends. As people age, they often need help with their daily needs, but may not want to leave the comfort of their own homes. Sometimes, family members or friends will suggest they move into your home and have you transfer your home to them in exchange for their looking after you. This can be a good way to get the help you need, while letting the younger family member or friend get a home.


==What if you become mentally incapable of making your own decisions?==
But this arrangement can cause misunderstandings and trouble. As your health changes and your needs increase, the family member or friend may not be able to give you the care you need, without significantly changing their own lives. For example, they may have to quit their job and stay at home with you to care for you. But they may not be willing to do that. At that point, you may need to sell your home to pay for health care and assisted living help.
It’s a good idea to plan for when you may be unable to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a power of attorney. To deal with health and personal decisions, you can make a “representation agreement.” In this, you appoint someone you trust to handle your personal and health decisions if you’re unable to make your own decisions.


If you don’t make a representation agreement, the BC ''Health Care (Consent) and Care Facility (Admission) Act'' says that, if you are mentally disabled, first your spouse, then your adult children, then your nearest relative and then your close friend will make these decisions for you.
In most cases, it’s not a good idea to transfer your home to your child or to add their name to the title of your home. It opens up the risk that creditors and spouses could make claims against your home. And you could lose the capital gains tax exemption for your principal residence if a child’s name is on the title, but it’s not their principal residence.


But what happens if you become mentally incapable and you haven’t named anyone to make decisions for you, and you don’t have a spouse, children, relative or close friend? The BC Supreme Court can appoint someone to make decisions for you. That person has to apply to the court under the ''Patients Property Act'' to be your “committee.” Often a close friend or relative will apply to be committee. If none of these people apply, and instead, the Public Guardian and Trustee of BC applies (and it usually will in this case), the court can appoint the PGT as committee. Your estate must pay a fee to the PGT for its service.
So before you make such an arrangement, it’s best to get legal advice. See our information on [[Low Cost and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]].  


For more information in this area, check the following 2 scripts:
===How can I protect myself when lending money to family members?===
Older people often help their children or grandchildren by lending them money, co-signing a bank loan, or giving a personal guarantee. You could lose a lot of money if you don’t protect yourself by understanding the transaction and getting proper documents signed.


*[[Power of Attorney and Representation Agreements (Script 180)|180]] on “Power of Attorney and Representation Agreements”
If you lend money to finance a home purchase, make sure you register a '''mortgage''' on the home to secure your interest. If you don’t want to do that, you should at least get the borrower (and their spouse) to sign a '''promissory note''' with the loan terms.
*[[Committeeship (Script 426)|426]] on “Committeeship”


Also, check the [http://www.nidus.ca/ Nidus Personal Planning Resource Centre and Registry].
If you guarantee a family member’s bank loan, you are promising to pay the bank in full if the borrower doesn’t repay the loan. You’re responsible for the full amount of the loan, and the bank can come after you for it. Make sure any guarantee you sign is for a specific amount. See our information on [[Co-Signing or Guaranteeing a Loan (Script 248)|co-signing or guaranteeing a loan (no. 248)]].


==Should you transfer your home to your child so you can stay in it with them?==
Before you lend money to a friend or family member, it’s best to get legal advice on the best way to protect your loan and your personal liability.
It depends. As people age, they often need help with their daily needs, but may not want to leave the comfort of their own homes. Sometimes, family members or friends will suggest that they move into your home and have you transfer your home to them in exchange for their looking after you. This can often be a good way to get the help you need, while letting the younger family member or friend get a home.


But this arrangement can cause misunderstandings and trouble. As your health changes and your needs increase, the family member or friend may not be able to give you the care you need, without significantly changing their own lives. For example, they may have to quit their job and stay at home with you to care for you. But they may not be willing to do that. At that point, you may need to sell your home to pay for health care and assisted living help.
===Can I change my will if my circumstances change?===
You can always change your will as long as you’re mentally capable. Actually, you ''should'' change your will whenever your financial or personal circumstances change, or if your beneficiaries change (for example, if a beneficiary dies).


In most cases, it’s not a good idea to transfer your home to your child or to add their name to the title of your home because creditors and spouses could make claims against your home. And you could lose the capital gains tax exemption for your principal residence if a child’s name is on the title, but it’s not their principal residence.
You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Until 2013 (when the law changed), when a person got married, the marriage automatically revoked or cancelled their existing will. Under the current law, that does not happen.


So before you make any such an arrangement, see a lawyer experienced in this area to protect your rights.
For more, see our information on [[Making a Will and Estate Planning (Script 176)|preparing a will and estate planning (no. 176)]].


==How should you protect yourself when lending money to family members?==
Can I disinherit a family member?
Older people often help their children or grandchildren by lending them money, co-signing a bank loan, or giving a personal guarantee. But you could lose a lot of money if you don’t protect yourself by understanding the transaction and getting proper documents signed.
You can, but it may not work. In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances".  


If you lend money to finance a house purchase, make sure you register a mortgage on the home to secure your interest. If you don’t want to do that, you should at least get the borrower (and their spouse) to sign a promissory note with the loan terms.
For more, see our information on [[Making a Will and Estate Planning (Script 176)|preparing a will and estate planning (no. 176)]].


If you guarantee a family member’s bank loan, you are promising to pay the bank in full if the borrower doesn’t repay the loan. You’re responsible for the full amount of the loan, and the bank can come after you for it. Make sure that any guarantee you sign is for a specific amount.
==Get help==


Before you lend money to a friend or family member, make sure you see a lawyer for advice on the best way to protect your loan and your personal liability.
===With elder abuse===
The '''Seniors Abuse and Information Line''' (SAIL) is a safe, confidential 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. This service is operated by Seniors First BC, a non-profit that helps seniors with legal problems.
:Telephone: 604-437-1940 in the Lower Mainland
:Toll-free: 1-866-437-1940
:Web: [http://seniorsfirstbc.ca/programs/sail/ seniorsfirstbc.ca]


For more information, check script [[Co-Signing or Guaranteeing a Loan (Script 248)|248]] on “Co-Signing or Guaranteeing a Loan”.
'''VictimLink BC''' is a toll-free, confidential, telephone service available 24x7. They provide information and referral services to all victims of crime.
:Toll-free: 1-800-563-0808
:Web: [http://victimlinkbc.ca victimlinkbc.ca]


==Credit cards and bankcards==
The '''BC Association of Community''' Response Networks are people working on a local level to help coordinate community response to elder abuse.
If you apply for a credit card and agree to have an extra credit card issued to your spouse or child, you’re responsible for all purchases that person makes with the card. If you let someone else use your credit or bankcard, you’re responsible for paying this off too.
:Web: [http://www.bccrns.ca bccrns.ca]


For more information, check script [[Buying Goods on Credit, Credit Cards and Credit Bureaus (Script 246)|246]] on “Buying Goods on Credit, Credit Cards and Credit Bureaus”.
The '''Public Guardian and Trustee of BC''', a public office that provides services to vulnerable people in the province, includes information on its website about elder abuse and adult guardianship.  
:Telephone: 604-660-4444 in Vancouver
:Toll-free: 1-800-663-7867
:Web: [http://www.trustee.bc.ca/ trustee.bc.ca]


=More information=
*The '''[http://www2.gov.bc.ca/gov/topic.page?id=442A501304294470A793668B377B32C3 Seniors’ Guide]''' on the [http://www.seniorsbc.ca/ Seniors website] of the BC government has a wide range of information.
*'''Regional health authorities''': contact these authorities to report abuse or neglect of an adult. Call the Health Information Line at 1.800.465.4911 (toll free) and ask for your local health unit.
*'''[http://www.bcli.org/ccel Canadian Centre for Elder Law]''': check the publications on their website (part of the BC Law Institute). Or call the Centre at 604.822.0633 in Vancouver.
*'''[http://www.trustee.bc.ca/ Public Guardian and Trustee of BC]''': check the publications on adult guardianship, elder abuse, representation agreements and other topics. Or call 604.660.4444 in Vancouver or 1.800.663.7867 elsewhere in BC and ask for the Public Guardian and Trustee.
*'''[http://www.healthlinkbc.ca/ HealthLinkBC]''': call this office for any medical questions that are not emergencies. It has a [http://www.healthlinkbc.ca/commonhealthconcerns/seniorshealth/ Senior Health section] with information on many topics such as elder abuse and advance planning. Call 811.
*'''[http://www.bclaws.ca/ BC laws]''': this website has all the laws that this script refers to.




[updated July 2018]
[updated July 2018]


'''The above was last edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [http://www.bcheritagelaw.com/team/nicole-garton/ Nicole Garton] and [http://www.bcheritagelaw.com/team/elizabeth-markus/ Elizabeth Markus], Heritage Law.'''


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Revision as of 06:08, 6 March 2019

When someone in a trusted relationship with an older person does something that harms or distresses them, this is elder abuse. Learn what options exist if you suspect elder abuse.

Understand your legal rights

You have the right to live in the manner you wish and free of elder abuse

Under the law in BC, all adults are entitled to live in the manner they wish as long as they don’t harm others and they are capable of making decisions.

Older adults, like everyone, have the right to live in safety and security. When someone in a relationship of trust with an older person does something that causes them harm or distress, this is called elder abuse.

Elder abuse takes many forms. It can be physical abuse, including striking or pushing an older adult, over- or under-medicating them, or inappropriately restraining them.

It can be psychological abuse that decreases their sense of self-worth or dignity. This includes insulting or humiliating an older adult, intimidating or threatening them, treating them like a child, invading their privacy, or isolating them from friends or activities.

It can be financial abuse. This can involve misusing or stealing an older adult's assets or money, pressuring them to change a will or sign legal documents they don’t fully understand, or sharing their home without paying a fair share of the expenses when asked.

It can take the form of neglect. This is a lack of action that harms an older person, such as not providing appropriate food or shelter, medical attention, or assistance with basic necessities. Often, more than one type of abuse occurs at the same time. Abuse can be a single incident or a repeated pattern of behaviour.

If an older adult is being abused

If you or someone you know is in immediate danger, dial 9-1-1 or call the emergency number listed in the front of your phone book.

In non-emergency situations, there are many organizations that can help abused or neglected older adults or their friends and family get help and protection. The BC Association of Community Response Networks are people working on a local level to help coordinate community response to elder abuse. Their website at bccrns.ca features a way to search for contacts and supports in your community.

VictimLink BC is a toll-free, confidential, telephone service available 24x7. They provide information and referral services to all victims of crime and immediate crisis support to victims of family and sexual violence. You can contact them at 1-800-563-0808 or victimlinkbc.ca.

If the adult can’t seek help on their own

An older adult who is struggling to manage on their own is particularly vulnerable to abuse.

If you have concerns about the health and safety of an adult, or suspect they are being abused or neglected, you may make a confidential report to a “designated agency”. The designated agencies in BC are the five regional health authorities, Providence Health Care, and Community Living BC (for adults with developmental disabilities). If a designated agency receives a report, it will investigate and offer support and assistance to the adult, or take steps to protect the adult. The Public Guardian and Trustee of BC, a public office that provides services to vulnerable people in the province, has a list of numbers to call for designated agencies in communities across the province on its website at trustee.bc.ca.

You can also seek help from the Public Guardian and Trustee if you have concerns about the financial and legal affairs of a vulnerable adult (for example, you suspect there is financial abuse). You can make a report to the Public Guardian and Trustee through its website at trustee.bc.ca or call 604-660-4444. They can help identify options, and investigate if there is an urgent need.

If the adult is in assisted living

The Assisted Living Registrar has a mandate to protect the health and safety of assisted living residents. If you are concerned about the health and safety of someone living in an assisted living residence, you can contact the Registrar by calling toll-free 1-866-714-3378.

If you report elder abuse

If you report elder abuse to a designated agency, they must consider your report. An investigator must make reasonable efforts to interview the older adult involved (whether that’s you or someone else).

If the problem can’t be solved informally, the designated agency may suggest options, including preparing a support and assistance plan, notifying the Public Guardian and Trustee (if there is a concern of financial abuse), and applying for a restraining order to keep the suspected abuser away. The designated agency must involve the older adult, to the greatest extent possible, in decisions about how to seek support and assistance.

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

Where there is financial abuse

The Public Guardian and Trustee investigates reports of financial elder abuse when the older adult’s assets are at risk and the person is incapable of managing their financial affairs. In some situations, the Public Guardian and Trustee may take steps to become committee of the estate, so it can make financial decisions to protect the person’s assets. If the Public Guardian and Trustee gets a report involving concerns about physical risk, it will refer the situation to a designated agency.

If you are concerned with the response to a report of abuse

If you are concerned about the response offered by a designated agency to a report of abuse, you have options.

If you reported the abuse to a health authority, you can complain to the health authority’s Patient Care Quality Office. Each health authority has one. You can make a complaint online at patientcarequalityreviewboard.ca. If you’re still not satisfied with how your complaint was handled or with the response you received, you can request that a Patient Care Quality Review Board look into the matter. Again, each health authority has one.

Another option if you are concerned with the care or service provided to you or a family member by a health authority, is you can contact the Office of the Seniors Advocate. The Seniors Advocate monitors seniors’ services and issues in BC, and makes recommendations to government and service providers to address systemic issues. You can call 1-877-952-3181 or visit their website at seniorsadvocatebc.ca.

Making decisions about your life and your health care

Under the law in BC, all adults are entitled to live in the manner they wish and to accept or refuse support as long as they don’t harm others and they are capable of making decisions about those matters. Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs.

The law presumes all adults are capable of giving, refusing, or revoking their consent to health care, unless it’s clear they are not capable of making those decisions. If a doctor questions a person’s mental capability, the doctor can require the person to have a capacity assessment performed by a medical expert. Our information on adults and consent to health care (no. 428) explains this more fully.

Common questions

How can I prepare for the possibility of becoming incapable of making my own decisions?

It’s a good idea to plan for the possibility you won’t be able to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a power of attorney. With an “enduring power of attorney” you can appoint another person to make financial and legal decisions for you. It continues — or endures — if you become mentally incapable. The person you appoint is called your attorney.

To deal with personal care and health care decisions, you can make a representation agreement. With this document you can appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own. For more on these planning documents, see our information on powers of attorney and representation agreements (no. 180).

If you do not have a representative, and someone needs to make a health care decision for you, a temporary substitute decision-maker may need to be appointed. Our information on adults and consent to health care (no. 428)) explains temporary substitute decision-makers and advance directives, which are written instructions about health care wishes.

Should I transfer my home to my child so I can stay in it with them?

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

But this arrangement can cause misunderstandings and trouble. As your health changes and your needs increase, the family member or friend may not be able to give you the care you need, without significantly changing their own lives. For example, they may have to quit their job and stay at home with you to care for you. But they may not be willing to do that. At that point, you may need to sell your home to pay for health care and assisted living help.

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

So before you make such an arrangement, it’s best to get legal advice. See our information on free and low-cost legal help (no. 430).

How can I protect myself when lending money to family members?

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

If you lend money to finance a home purchase, make sure you register a mortgage on the home to secure your interest. If you don’t want to do that, you should at least get the borrower (and their spouse) to sign a promissory note with the loan terms.

If you guarantee a family member’s bank loan, you are promising to pay the bank in full if the borrower doesn’t repay the loan. You’re responsible for the full amount of the loan, and the bank can come after you for it. Make sure any guarantee you sign is for a specific amount. See our information on co-signing or guaranteeing a loan (no. 248).

Before you lend money to a friend or family member, it’s best to get legal advice on the best way to protect your loan and your personal liability.

Can I change my will if my circumstances change?

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

You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Until 2013 (when the law changed), when a person got married, the marriage automatically revoked or cancelled their existing will. Under the current law, that does not happen.

For more, see our information on preparing a will and estate planning (no. 176).

Can I disinherit a family member? You can, but it may not work. In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances".

For more, see our information on preparing a will and estate planning (no. 176).

Get help

With elder abuse

The Seniors Abuse and Information Line (SAIL) is a safe, confidential 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. This service is operated by Seniors First BC, a non-profit that helps seniors with legal problems.

Telephone: 604-437-1940 in the Lower Mainland
Toll-free: 1-866-437-1940
Web: seniorsfirstbc.ca

VictimLink BC is a toll-free, confidential, telephone service available 24x7. They provide information and referral services to all victims of crime.

Toll-free: 1-800-563-0808
Web: victimlinkbc.ca

The BC Association of Community Response Networks are people working on a local level to help coordinate community response to elder abuse.

Web: bccrns.ca

The Public Guardian and Trustee of BC, a public office that provides services to vulnerable people in the province, includes information on its website about elder abuse and adult guardianship.

Telephone: 604-660-4444 in Vancouver
Toll-free: 1-800-663-7867
Web: trustee.bc.ca


[updated July 2018]

The above was last reviewed for legal accuracy by Nicole Garton and Elizabeth Markus, Heritage Law.



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