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 Quebec 5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know1

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know2 PRESENTATION FUNDING Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know3 CANADIAN CENTRE FOR ELDER LAW National non-profit Studies legal issues that concern older adults 1.Legal research 2.Law reform 3.Outreach 4.Legal education QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know4 NOT LEGAL ADVICE Information about resources and options Presenters are not necessarily lawyers If you need more information see the Resources Handout QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know5 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? QUEBEC

1 What is Elder Abuse and Neglect?

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know7 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 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know8 ELDER ABUSE Action: harming a person - ABUSE Not acting: not providing care or helping a person when a person should have - NEGLECT QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know9 MANY KINDS OF MISTREATMENT Physical Psychological Chemical Neglect Financial Sexual Spiritual Forced Confinement QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know10 PHYSICALHitting, slapping, punching, pushing Being rough Throwing objects QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know11 FINANCIALFrauds and scams Pressuring someone into giving money or property Improper use of power of attorney Identity theft QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know12 PSYCHOLOGICAL OR EMOTIONAL Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frighten a person QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know13 SEXUALAny non-consensual sexual action Making unwanted sexual comments Doing anything sexual without permission Lewd gestures QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know14 CHEMICALOvermedicating a person Denying needed medication Substituting over-the-counter medication Making medication decisions without consulting the older person or the correct substitute decision-maker QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know15 SPIRITUALPreventing a person from practicing her or his faith Forcing a person to participate in a spiritual ritual or to practice a religion QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know16 FORCED CONFINEMENT Locking a person in a room Restraining a person Denying a person access to the phone or visitors 16 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know17 NEGLECTDenying food or care Not giving proper care or assistance to someone who is dependent on you 17 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know18 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 QUEBEC

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

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know20 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 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know21 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? QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know22 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 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know23 QUÉBEC CHARTER OF HUMAN RIGHTS AND FREEDOMS “Every aged person and every handicapped person has a right to protection against any form of exploitation. Such a person has a right to the protection and security that must be provided to him by his family or to persons acting in their stead.” QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know24 LEGAL DEFINITION OF ABUSE Exploitation includes physical, psychological, financial, sexual, chemical and spiritual abuse as well as neglect. Exploitation covers mistreatment of an older person who is both: 1.vulnerable; and 2.dependent on others to meet basic needs. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know25 RESPONDING TO ELDER ABUSE There is no duty to respond to elder abuse in Québec Report elder abuse to the Commission des droits de la personne et des droits de la jeunesse The Commission has a specialized elder abuse team The Commission can initiate its own investigation QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know26 RESPONDING TO ELDER ABUSE The following people may report elder abuse: 1.Any person or organization that witnesses abuse or has concerns 2.A victim of elder abuse 3.A group of older adults who experienced similar abuse QUEBEC

3 How do you Identify the Best Response?

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know28 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know29 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know30 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know31 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know32 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know33 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know34 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know35 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know36 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. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know37 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. QUEBEC

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

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know39 RESOURCES 1.Urgent assistance 2.Reporting abuse and neglect 3.Legal advice 4.Counseling and victim assistance 5.More information about elder abuse QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know40 URGENT ASSISTANCE 1.Call 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 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know41 REPORTING ABUSE Call the Commission des droits de la personne et des droits de la jeunesse to report abuse of a vulnerable and dependent older adult. QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know42 PUBLIC CURATOR Call the Public Curator if you suspect abuse by a substitute decision-maker The Public Curator will investigate abuse and can act to protect money and property QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know43 LEGAL ADVICE Refer older adults to the Aide Abus Ainé telephone line for referral to services, including legal resources QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know44 VICTIM ASSISTANCE There are a number of agencies that offer crisis counseling It can be helpful to give a person a number to call for free confidential support QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know45 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 QUEBEC

5/24/2015Elder Abuse and Neglect: What Volunteers Need to Know46 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. QUEBEC

Canadian Centre for Elder Law