Elder Abuse and Neglect What Volunteers Need to
Elder Abuse and Neglect What Volunteers Need to Know An introductory workshop for Boards of Directors of senior-serving organizations and volunteers who work with older adults in the Yukon 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 1
YUKON PRESENTATION FUNDING Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 2
YUKON CANADIAN CENTRE FOR ELDER LAW • National non-profit • Studies legal issues that concern older adults 1. 2. 3. 4. 6/12/2021 Legal research Law reform Outreach Legal education Elder Abuse and Neglect: What Volunteers Need to Know 3
YUKON NOT LEGAL ADVICE • Information about resources and options • Presenters are not necessarily lawyers • If you need more information see the Resources Handout 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 4
YUKON LEARNING GOALS 1. What is elder abuse and neglect? 2. When and how should you respond? 3. How do you identify the best response? 4. Who to call for more information or to report abuse? 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 5
1 What is Elder Abuse and Neglect?
YUKON ELDER ABUSE A single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. World Health Organization, 2002 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 7
YUKON ELDER ABUSE • Action: harming a person – ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 8
YUKON MANY KINDS OF MISTREATMENT • Physical • Psychological • Chemical • Neglect • Financial 6/12/2021 • Sexual • Spiritual • Forced Confinement Elder Abuse and Neglect: What Volunteers Need to Know 9
YUKON PHYSICAL 6/12/2021 • Hitting, slapping, punching, pushing • Being rough • Throwing objects Elder Abuse and Neglect: What Volunteers Need to Know 10
YUKON FINANCIAL • Frauds and scams • Pressuring someone into giving money or property • Improper use of power of attorney • Identity theft 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 11
YUKON PSYCHOLOGICAL OR EMOTIONAL 6/12/2021 • • • Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frighten a person Elder Abuse and Neglect: What Volunteers Need to Know 12
YUKON SEXUAL • Any non-consensual sexual action • Making unwanted sexual comments • Doing anything sexual without permission • Lewd gestures 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 13
YUKON CHEMICAL • Overmedicating a person • Denying needed medication • Substituting over-the-counter medication • Making medication decisions without consulting the older person or the correct substitute decision-maker 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 14
YUKON SPIRITUAL • Preventing a person from practicing her or his faith • Forcing a person to participate in a spiritual or to practice a religion 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 15
YUKON FORCED CONFINEMENT 6/12/2021 • Locking a person in a room • Restraining a person • Denying a person access to the phone or visitors Elder Abuse and Neglect: What Volunteers Need to Know 16 16
YUKON NEGLECT 6/12/2021 • Denying food or care • Not giving proper care or assistance to someone who is dependent on you Elder Abuse and Neglect: What Volunteers Need to Know 17 17
YUKON ELDER ABUSE AND NEGLECT • Often the abuser is a loved one or person the older adult trusts • Occurs at home and in care facilities – can happen anywhere • Can be one incident or ongoing 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 18
2 When and How are you Required to Respond to Elder Abuse?
YUKON RESPONDING TO ABUSE AND NEGLECT 1. Talk to the older person 2. Help the person get support and assistance, refer to helpful agencies 3. Reporting abuse or neglect 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 20
YUKON QUESTIONS TO CONSIDER 1. Is the person in danger of harm? 2. Will money be stolen or spent? Property taken away? 3. Does the person appear to lack mental capacity? 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 21
YUKON ELDER ABUSE AND NEGLECT AND THE CRIMINAL LAW • Some abusive acts are crimes • Some acts might not be criminal even if very harmful • Crimes can be reported to the police 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 22
YUKON ADULT PROTECTION LAW 1. No general duty to report abuse 2. Right to make an anonymous report 3. Adult abused or neglected AND unable to seek support and assistance 4. Report to a Adult Protection Unit 5. Adult Protection Unit must investigate 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 23
YUKON LEGAL DEFINITION OF ABUSE “The deliberate mistreatment of an adult that: (a)causes the adult physical, mental, or emotional harm, or (b)causes financial damage or loss to the adult, and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy, denial of access to visitors, or denial of use or possession of personal property. ” 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 24
YUKON MENTAL CAPACITY 1. Report abuse and neglect of adults who cannot access support and assistance on their own 2. Mental capacity may impact on the ability to access support and assistance 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 25
YUKON ADULT PROTECTION AND DECISION MAKING ACT “All adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they do not harm others and they are capable of making decisions about those matters. ” 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 26
3 How do you Identify the Best Response?
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 1. Talk to the older adult Ask questions. Talk to the older person about his or her experience. Help the person to identify resources that could be helpful. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 28
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 2. Respect personal values Respect the personal values, priorities, goals and lifestyle choices of an older adult. Identify support networks and solutions that suit the older adult’s individuality. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 29
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 3. Recognize the right to make decisions Mentally capable older adults have the right to make decisions, including choices others might consider risky or unwise. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 30
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 4. Seek consent or permission In most situations, you should get consent from an older adult before taking action. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 31
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 5. Respect confidentiality and privacy rights Get consent before sharing another person’s private information, including confidential personal or health information. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 32
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 6. Avoid ageism Prevent ageist assumptions or discriminatory thinking based on age from affecting your judgment. Avoid stereotypes about older people and show respect for the inherent dignity of all human beings, regardless of age. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 33
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 7. Recognize the value of independence and autonomy Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 34
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 8. Know that abuse and neglect can happen anywhere and by anyone Abuse and neglect of older adults can occur in a variety of circumstances from home care to family violence. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 35
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 9. Respect rights An appropriate response to abuse, neglect, or risk of abuse or neglect should respect the legal rights of the older adult, while addressing the need for support, assistance, or protection in practical ways. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 36
YUKON GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 10. Get informed Ignorance of the law is not an excuse for inaction when someone’s safety is at stake. If you volunteer with older adults you need to educate yourself about elder abuse. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 37
4 Who to call for more Information or to Respond to Concerns about Abuse?
YUKON RESOURCES 1. 2. 3. 4. 5. 6/12/2021 Urgent assistance Reporting abuse and neglect Legal advice Counseling and victim assistance More information about elder abuse Elder Abuse and Neglect: What Volunteers Need to Know 39
YUKON URGENT ASSISTANCE 1. Call 9 -1 -1 if an older person is in danger and it is an emergency 2. Call the police to report a crime 3. The police can require an abusive person to stay away from a victim 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 40
YUKON REPORTING ABUSE Call the Seniors’ Services – Adult Protection Unit to report abuse or neglect of an older adult. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 41
YUKON PUBLIC GUARDIAN AND TRUSTEE • Call the Public Guardian if you suspect financial or other abuse by a substitute decision-maker • The Public Guardian will investigate financial abuse and audit the financial affairs of a substitute decision-maker 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 42
YUKON LEGAL ADVICE Refer older adults to the Yukon Public Legal Education Association Law Line for legal advice. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 43
YUKON VICTIM ASSISTANCE • • 6/12/2021 There a number of agencies that offer crisis counseling It can be helpful to give a person a number they can call for free confidential support Elder Abuse and Neglect: What Volunteers Need to Know 44
YUKON MORE INFORMATION A Practical Guide to Elder Abuse and Neglect Law in Canada (2010) • By the Canadian Centre for Elder Law • Available online for free in English and French 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 45
YUKON REVIEW 1. Know the organizations in your community where you can refer adults for further support or assistance. 2. Be aware of reporting obligations. 3. Respect privacy and confidentiality. 4. Consult a supervisor when you are not sure how to respond. 6/12/2021 Elder Abuse and Neglect: What Volunteers Need to Know 46
Canadian Centre for Elder Law www. bcli. org/ccel
- Slides: 48