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 Nova Scotia 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 1

NOVA SCOTIA PRESENTATION FUNDING Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 2

NOVA SCOTIA CANADIAN CENTRE FOR ELDER LAW • National non-profit • Studies legal issues that concern older adults 1. 2. 3. 4. 9/10/2020 Legal research Law reform Outreach Legal education Elder Abuse and Neglect: What Volunteers Need to Know 3

NOVA SCOTIA NOT LEGAL ADVICE • Information about resources and options • Presenters are not necessarily lawyers • If you need more information see the Resources Handout 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 4

NOVA SCOTIA 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? 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 5

1 What is Elder Abuse and Neglect?

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 7

NOVA SCOTIA ELDER ABUSE • Action: harming a person - ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 8

NOVA SCOTIA MANY KINDS OF MISTREATMENT • Physical • Psychological • Chemical • Neglect • Financial 9/10/2020 • Sexual • Spiritual • Forced Confinement Elder Abuse and Neglect: What Volunteers Need to Know 9

NOVA SCOTIA PHYSICAL 9/10/2020 • Hitting, slapping, punching, pushing • Being rough • Throwing objects Elder Abuse and Neglect: What Volunteers Need to Know 10

NOVA SCOTIA FINANCIAL • Frauds and scams • Pressuring someone into giving money or property • Improper use of power of attorney • Identity theft 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 11

NOVA SCOTIA PSYCHOLOGICAL OR EMOTIONAL 9/10/2020 • • • 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

NOVA SCOTIA SEXUAL • Any non-consensual sexual action • Making unwanted sexual comments • Doing anything sexual without permission • Lewd gestures 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 13

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 14

NOVA SCOTIA SPIRITUAL • Preventing a person from practicing her or his faith • Forcing a person to participate in a spiritual or to practice a religion 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 15

NOVA SCOTIA FORCED CONFINEMENT 9/10/2020 • 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

NOVA SCOTIA NEGLECT 9/10/2020 • 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

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 18

2 When and How are you Required to Respond to Elder Abuse?

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 20

NOVA SCOTIA 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? 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 21

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 22

NOVA SCOTIA ADULT PROTECTION ACT 1. Every person has a duty to report abuse or neglect of a vulnerable adult. 2. Must report abuse of adults who cannot protect themselves. 3. Must report neglect of adults who cannot care for themselves. 4. Report in circumstance where the adult refuses, delays or is unable to make arrangements for care or assistance. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 23

NOVA SCOTIA LEGAL DEFINITION OF ABUSE The law applies to: • Physical abuse • Sexual abuse • Mental cruelty • Neglect • Applies to some instances of financial abuse 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 24

NOVA SCOTIA DUTY TO RESPOND 1. Report abuse to Adult Protection Services. 2. Failure to report is an offence. 3. A person can be fined for not reporting concerns. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 25

NOVA SCOTIA PROTECTION FOR PERSONS IN CARE • Law applies to older adults living in a hospital, residential care facility, nursing home or home for older adults • Anyone providing services in a health facility must report abuse or neglect that has occurred or is likely to occur 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 26

NOVA SCOTIA PROTECTION FOR PERSONS IN CARE • Facility administrator must also report abuse or neglect • Failure to report is an offence • A service provider or administrator can be fined for not reporting concerns • Other people may report concerns even if based on confidential information 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 27

NOVA SCOTIA LEGAL DEFINITION OF ABUSE • physical force resulting in pain, discomfort or injury • mistreatment causing emotional harm • administration, withholding or prescribing medication for inappropriate purposes 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 28

NOVA SCOTIA LEGAL DEFINITION OF ABUSE • sexual contact, activity or behaviour between a service provider and a patient or resident • non-consensual sexual contact, activity or behaviour between patients or residents • the misappropriation or improper or illegal conversion of money or other valuable possessions 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 29

3 How do you Identify the Best Response?

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 31

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 32

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 33

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 34

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 35

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 36

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 37

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 38

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 39

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 40

4 Who to call for more Information or to Respond to Concerns about Abuse?

NOVA SCOTIA RESOURCES 1. 2. 3. 4. 5. 9/10/2020 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 42

NOVA SCOTIA REPORTING ABUSE Call Adult Protection Services to report elder abuse whether the adult lives independently or in a health facility. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 43

NOVA SCOTIA LEGAL ADVICE Refer older adults to the Senior Abuse Line for referral to services including legal organizations that provide legal advice. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 44

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 45

NOVA SCOTIA VICTIM ASSISTANCE • There a number of agencies that offer crisis counseling • It can be helpful to give a person a number to call for free confidential support 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 46

NOVA SCOTIA 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 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 47

NOVA SCOTIA 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. 9/10/2020 Elder Abuse and Neglect: What Volunteers Need to Know 48

Canadian Centre for Elder Law www. bcli. org/ccel