Elder Abuse

Elder abuse is defined as an act or omission that causes harm to a senior or jeopardizes his or her health or welfare. Elder abuse can take place in the home, in a residential setting, or in the community. The perpetrator can be a stranger, caregiver, or family member, but studies show that abuse usually occurs in a relationship where there is an expectation of trust. Abuse can happen to any older adult, whether or not they are mentally incompetent.

Types of Elder Abuse

Physical, Psychological, or Sexual Abuse

Physical abuse refers to any act of violence that causes injury or physical discomfort, and may include rough handling, pushing, or even the unwarranted use of medications.

Psychological abuse includes any act which may diminish the dignity and self-worth of an older adult. Abusive treatment might include things such as verbal assault, confinement, isolation or humiliation.

Sexual abuse refers to any sexual behaviour directed towards an older person without that person’s consent or knowledge.

Neglect

Deliberately depriving an older adult with the basic necessities of life or failing to provide adequate care because of lack of knowledge both constitute neglect. For example, denying the elderly individual food or water, or not allowing visits from family or friends.

Financial Abuse

This is considered the most common type of abuse. It refers to the misuse of an elderly adult’s funds and assets without that person’s knowledge and/or informed consent.

Red Flags for Financial Abuse

• Has the elderly person experienced a sudden decrease in funds to pay for living expenses?

• Have there been large gifts or transfer of assets?

• Has the elder person been coerced into signing legal documents they say they do not understand?

• Has the Power of Attorney been altered?

Signs of Elder Abuse: What Should You Do?

Under the Substitute Decisions Act (SDA), an attorney must keep accounts of all transactions. If it is believed the attorney is not acting in the best interest of the elder person, an application may be made to the court, they may require the appointed attorney to go through a passing of accounts. If the substitute decision maker has been unjustly enriched at the expense of the elderly adult then the court may order restitution.

The SDA also gives the Public Guardian and Trustee (PGT) the power to investigate into allegations of abuse or neglect. The PGT may refer the victim to the appropriate services or may apply to the court for temporary guardianship.

If you are a victim of elder abuse or suspect that someone else is suffering from elder abuse, you should seek advice.

 

Related Posts

Implications of appointing a non-resident Estate Trustee

Appointing an estate trustee who does not reside in Canada has several negative implications.  A non-resident estate trustee is required to post a bond (which is costly and adds delay), and he or she may not be eligible to make certain financial investments available to Canadian residents (e.g., stocks, bonds, Canada Savings Bonds). Even if

Read More »

Pre-Paid Funeral Arrangements

More Canadians are incorporating pre-paid funeral arrangements into their estate plan. Also known as an Eligible Funeral Arrangements (EFA). Where Can I Buy a Pre-paid Funeral Contract? A pre-paid funeral contract may be purchased from any person licensed to provide funeral or cemetery services, including a funeral director or owner or operator of a licensed

Read More »

Guardianships

One important reason to make a Will is to appoint a guardian and custodian for your minor children, in case you pass away before they reach the age of majority (18 in Ontario). What Can You Do in Your Will? Many people assume that when you name a guardian and custodian in your Will, that

Read More »

Kates Estate – Decision of Justice Gans

Blog – Kates Estate – Decision of Justice Gans – 18 November 2020  Yesterday Justice Gans released his decision in the Kates Estate.  A hard fought case heard over 9 days in September and October. In his usual edifying choice of words Justice Gans, in particular, had the opportunity to put into practice what he

Read More »

Choosing an Estate Trustee

An estate trustee (also known as an executor) is the person or trust company appointed by you in your Will who upon your death realizes your assets, pays off debts, and distributes your property in accordance with your Will. The estate trustee is chosen when you make your Will, but may be changed as circumstances

Read More »
Scroll to Top