PRESENTATION FUNDING

1
(No Transcript)
2
(No Transcript)
3
MANITOBA

• PRESENTATION FUNDING

• Human Resources andSkills Development Canada
  New Horizons for Seniors Program
• Federal Elder Abuse Initiative

4
MANITOBA

• CANADIAN CENTRE FOR ELDER LAW

• National non-profit
• Studies legal issues that concern older adults
• Legal research
• Law reform
• Outreach
• Legal education

5
MANITOBA

• NOT LEGAL ADVICE

• Information about resources and options
• Presenters are not necessarily lawyers
• If you need more information see the Resources
  Handout

6
MANITOBA

• LEARNING GOALS

• What is elder abuse and neglect?
• When and how should you respond?
• How do you identify the best response?
• Who to call for more informationor to report
  abuse?

7
1

• What is Elder Abuseand Neglect?

8
MANITOBA

• 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
MANITOBA

• ELDER ABUSE

• Action harming a person - ABUSE
• Not acting not providing care or helping a
  person when a person should have - NEGLECT

10
MANITOBA
MANY KINDS OF MISTREATMENT

• Physical
• Psychological
• Chemical
• Neglect
• Financial
• Sexual
• Spiritual
• Forced Confinement

11
MANITOBA

• PHYSICAL

• Hitting, slapping, punching, pushing
• Being rough
• Throwing objects

12
MANITOBA

• FINANCIAL

• Frauds and scams
• Pressuring someone into giving money or property
• Improper use of powerof attorney
• Identity theft

13
MANITOBA

• PSYCHOLOGICAL OR EMOTIONAL

• Causing mental suffering
• Yelling, intimidating
• Making threats
• Belittling, criticizing a person
• Harassment
• Doing things to frightena person

14
MANITOBA

• SEXUAL

• Any non-consensualsexual action
• Making unwantedsexual comments
• Doing anything sexual without permission
• Lewd gestures

15
MANITOBA

• 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

16
MANITOBA

• SPIRITUAL

• Preventing a person from practicing her or his
  faith
• Forcing a person to participate in a
  spiritualritual or to practice a religion

17
MANITOBA

• FORCED CONFINEMENT

• Locking a person in a room
• Restraining a person
• Denying a person access to the phone or visitors

18
MANITOBA

• NEGLECT

• Denying food or care
• Not giving proper care or assistance to someone
  who is dependent on you

19
MANITOBA

• ELDER ABUSE AND NEGLECT

• Often the abuser is a loved oneor person the
  older adult trusts
• Occurs at home and in care facilities can
  happen anywhere
• Can be one incident or ongoing

20
2

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

21
MANITOBA

• RESPONDING TOABUSE 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

22
MANITOBA

• 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 lackmental capacity?

23
MANITOBA

• 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 tothe police

24
MANITOBA

• PROTECTION FOR PERSONS IN CARE

1. Every person has a duty to report abuse of an
   adult receiving care from a health facility
2. Duty to report extends to abuse that a person
   believes is likely to occur
3. Includes adult residents and in-patients of a
   health facility, day patients, urgent care and
   emergency department patients

25
MANITOBA

• PROTECTION FOR PERSONS IN CARE

1. Report abuse to the Protection for Persons in
   Care Office
2. You can make an anonymous report
3. Failure to report is an offence
4. A person or service provider can be fined for not
   reporting concerns

26
MANITOBA

• Abuse of an Older Person with a Developmental
  Disability

• Service providers, substitute decision-makers
  and committees of vulnerable adults must report
  abuse and neglect and risk of abuse
• Report to the Manitoba Ministry of Family
  Services and Consumer Affairs (Office of the
  Vulnerable Persons' Commissioner) or to the Police

27
MANITOBA

• Adult Protection

• Manitoba does not have a law that requires
  people to respond to abuse or neglect of adults
  under other circumstances

28
MANITOBA

• Legal Definition of Abuse

• Mistreatment, whether physical, sexual, mental,
  emotional, financial or a combination of any of
  them, that is reasonably likely to cause death or
  that causes or is reasonably likely to cause
  serious physical or psychological harm to a
  person, or significant loss to the persons
  property.

29
3

• How do you Identify
• the Best Response?

30
MANITOBA

• 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.

31
MANITOBA

• 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 adults individuality.

32
MANITOBA

• 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.

33
MANITOBA

• 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.

34
MANITOBA

• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 5. Respect confidentiality and privacy rights
• Get consent before sharing another persons
  private information, including confidential
  personal or health information.

35
MANITOBA

• 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 olderpeople
  and show respect for the inherentdignity of all
  human beings, regardless of age.

36
MANITOBA

• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 7. Recognize the value of independenceand
  autonomy
• Where this is consistent with the adults
  wishes, assist the adult to identify the least
  intrusive way to access support or assistance.

37
MANITOBA

• 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 careto family
  violence.

38
MANITOBA

• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 9. Respect rights
• An appropriate response to abuse, neglect,or
  risk of abuse or neglect should respectthe legal
  rights of the older adult, while addressing the
  need for support, assistance,or protection in
  practical ways.

39
MANITOBA

• GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT

• 10. Get informed
• Ignorance of the law is not an excuse for
  inaction when someones safety is at stake.
• If you volunteer with older adults you needto
  educate yourself about elder abuse.

40
4

• Who to call for more Information or to Respondto
  Concerns about Abuse?

41
MANITOBA

• RESOURCES

1. Urgent assistance
2. Reporting abuse and neglect
3. Legal advice
4. Counseling and victim assistance
5. More information about elder abuse

42
MANITOBA

• URGENT ASSISTANCE

1. Call 9-1-1 if an older person isin danger and it
   is an emergency
2. Call the police to report a crime
3. The police can require an abusiveperson to stay
   away from a victim

43
MANITOBA

• REPORTING ABUSE

• Call the Personal Care Homes Programor the
  Regional Health Authority to report abuse or
  neglect of an adult who is receiving care or
  services.

44
MANITOBA

• PUBLIC GUARDIAN AND TRUSTEE

• Call the Public Guardian and Trusteeif you
  suspect financial abuse of a vulnerable older
  adult or abuse by a substitute or
  co-decision-maker.

45
MANITOBA

• LEGAL ADVICE

• Refer older adults to the SeniorsLegal
  Assistance Panel Programfor legal advice.

46
MANITOBA

• VICTIM ASSISTANCE

• There are a number of agenciesthat offer crisis
  counseling
• It can be helpful to give a persona number they
  can call for free confidential support

47
MANITOBA

• MORE INFORMATION

• A Practical Guide to Elder Abuse andNeglect Law
  in Canada (2010)
• By the Canadian Centre for Elder Law
• Available online for free in Englishand French

48
MANITOBA

• REVIEW

1. Know the organizations in your community where
   you can refer adultsfor further support or
   assistance.
2. Be aware of reporting obligations.
3. Respect privacy and confidentiality.
4. Consult a supervisor when youare not sure how to
   respond.

49
Canadian Centre for Elder Law

• www.bcli.org/ccel