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NORTHWEST TERRITORIES. PRESENTATION FUNDING. Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative. NORTHWEST TERRITORIES. CANADIAN CENTRE FOR ELDER LAW. National non-profit Studies legal issues that concern older adults
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NORTHWEST TERRITORIES PRESENTATION FUNDING Human Resources andSkills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative
NORTHWEST TERRITORIES CANADIAN CENTRE FOR ELDER LAW • National non-profit • Studies legal issues that concern older adults • Legal research • Law reform • Outreach • Legal education
NORTHWEST TERRITORIES NOT LEGAL ADVICE • Information about resources and options • Presenters are not necessarily lawyers • If you need more information see the Resources Handout
NORTHWEST TERRITORIES LEARNING GOALS • What is elder abuse and neglect? • Whenand how should you respond? • Howdo you identify the best response? • Whoto call for more informationor to report abuse?
1 What is Elder Abuseand Neglect?
NORTHWEST TERRITORIES 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
NORTHWEST TERRITORIES ELDER ABUSE • Action: harming a person – ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT
NORTHWEST TERRITORIES MANY KINDS OF MISTREATMENT • Physical • Psychological • Chemical • Neglect • Financial • Sexual • Spiritual • Forced Confinement
NORTHWEST TERRITORIES Hitting, slapping, punching, pushing Being rough Throwing objects PHYSICAL
NORTHWEST TERRITORIES Frauds and scams Pressuring someone into giving money or property Improper use of powerof attorney Identity theft FINANCIAL
NORTHWEST TERRITORIES Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frightena person PSYCHOLOGICAL OR EMOTIONAL
NORTHWEST TERRITORIES Any non-consensualsexual action Making unwantedsexual comments Doing anything sexual without permission Lewd gestures SEXUAL
NORTHWEST TERRITORIES 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 CHEMICAL
NORTHWEST TERRITORIES Preventing a person from practicing her or his faith Forcing a person to participate in a spiritualritual or to practice a religion SPIRITUAL
NORTHWEST TERRITORIES Locking a person in a room Restraining a person Denying a person access to the phone or visitors FORCED CONFINEMENT
NORTHWEST TERRITORIES Denying food or care Not giving proper care or assistance to someone who is dependent on you NEGLECT
NORTHWEST TERRITORIES 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
2 When and How are you Required to Respond to Elder Abuse?
NORTHWEST TERRITORIES RESPONDING TOABUSE AND NEGLECT • Talk to the older person • Help the person get support and assistance, refer to helpful agencies • Reporting abuse or neglect
NORTHWEST TERRITORIES QUESTIONS TO CONSIDER • Is the person in danger of harm? • Will money be stolen or spent?Property taken away? • Does the person appear to lackmental capacity?
NORTHWEST TERRITORIES 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
NORTHWEST TERRITORIES ADULT PROTECTION The Northwest Territories does not have a law that requires people to respond to abuse or neglect of older adults.
NORTHWEST TERRITORIES PROTECTION FOR VICTIMSOF ELDER ABUSE • The territory has a domestic violence law. • This law makes it possible to get a courtprotection order for an older adult who isa victim of family violence. • The victim, a police officer, or a victimservice worker can apply for an order.
NORTHWEST TERRITORIES PROTECTION FOR VICTIMSOF ELDER ABUSE The law covers abuse of older adults by: • Spouse or former spouse • Some members of the abuser’s family Or any person the older adult: • Lives with, or used to live with, in afamily or intimate relationship • Had a child with
NORTHWEST TERRITORIES LEGAL DEFINITION OF ABUSE Definition includes: • Intentional or reckless acts or omissions causing harm or damage to property • Threatened acts that cause fear • Sexual abuse
NORTHWEST TERRITORIES LEGAL DEFINITION OF ABUSE Definition includes: • Forced confinement • Psychological abuse • Financial abuse that causes harm or fear
NORTHWEST TERRITORIES COURT PROTECTION ORDERS A court protection order can include: • No contact order • Exclusive right to live in the family home • Order for the police to remove the abusive person from the home • Order to surrender guns or weapons • Monetary compensation to a victim • Counseling for the abuser
3 How do you Identify the Best Response?
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES GUIDELINES FOR RESPONDING TO ABUSE AND NEGLECT 7. Recognize the value of independenceand autonomy Where this is consistent with the adult’s wishes, assist the adult to identify the least intrusive way to access support or assistance.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
NORTHWEST TERRITORIES 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.
4 Who to call for more Information or to Respondto Concerns about Abuse?
NORTHWEST TERRITORIES RESOURCES • Urgent assistance • Reporting abuse and neglect • Legal advice • Counseling and victim assistance • More information about elder abuse
NORTHWEST TERRITORIES URGENT ASSISTANCE • Call 9-1-1 if an older person isin danger and it is an emergency • Call the police to report a crime • The police can require an abusiveperson to stay away from a victim
NORTHWEST TERRITORIES REPORTING ABUSE • There is no agency responsible for accepting reports of elder abuse and neglect • You can contact the Northwest Territories Seniors’ Society Information Line if you have concerns about an older adult
NORTHWEST TERRITORIES LEGAL ADVICE Refer older adults to the Victim Services Program if they need a referral for legal advice or assistance.
NORTHWEST TERRITORIES 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
NORTHWEST TERRITORIES 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
NORTHWEST TERRITORIES REVIEW • Know the organizations in your community where you can refer adultsfor further support or assistance. • Be aware of reporting obligations. • Respect privacy and confidentiality. • Consult a supervisor when youare not sure how to respond.
Canadian Centre for Elder Law www.bcli.org/ccel