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PRESENTATION FUNDING

NEWFOUNDLAND AND LABRADOR. PRESENTATION FUNDING. Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative. NEWFOUNDLAND AND LABRADOR. CANADIAN CENTRE FOR ELDER LAW. National non-profit Studies legal issues that concern older adults

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PRESENTATION FUNDING

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  1. NEWFOUNDLAND AND LABRADOR PRESENTATION FUNDING Human Resources andSkills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative

  2. NEWFOUNDLAND AND LABRADOR CANADIAN CENTRE FOR ELDER LAW • National non-profit • Studies legal issues that concern older adults • Legal research • Law reform • Outreach • Legal education

  3. NEWFOUNDLAND AND LABRADOR NOT LEGAL ADVICE • Information about resources and options • Presenters are not necessarily lawyers • If you need more information see the Resources Handout

  4. NEWFOUNDLAND AND LABRADOR 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?

  5. 1 What is Elder Abuseand Neglect?

  6. NEWFOUNDLAND AND LABRADOR 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

  7. NEWFOUNDLAND AND LABRADOR ELDER ABUSE • Action: harming a person - ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT

  8. NEWFOUNDLAND AND LABRADOR MANY KINDS OF MISTREATMENT • Physical • Psychological • Chemical • Neglect • Financial • Sexual • Spiritual • Forced Confinement

  9. NEWFOUNDLAND AND LABRADOR Hitting, slapping, punching, pushing Being rough Throwing objects PHYSICAL

  10. NEWFOUNDLAND AND LABRADOR Frauds and scams Pressuring someone into giving money or property Improper use of powerof attorney Identity theft FINANCIAL

  11. NEWFOUNDLAND AND LABRADOR Causing mental suffering Yelling, intimidating Making threats Belittling, criticizing a person Harassment Doing things to frightena person PSYCHOLOGICAL OR EMOTIONAL

  12. NEWFOUNDLAND AND LABRADOR Any non-consensualsexual action Making unwantedsexual comments Doing anything sexual without permission Lewd gestures SEXUAL

  13. NEWFOUNDLAND AND LABRADOR 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

  14. NEWFOUNDLAND AND LABRADOR Preventing a person from practicing her or his faith Forcing a person to participate in a spiritualritual or to practice a religion SPIRITUAL

  15. NEWFOUNDLAND AND LABRADOR Locking a person in a room Restraining a person Denying a person access to the phone or visitors FORCED CONFINEMENT

  16. NEWFOUNDLAND AND LABRADOR Denying food or care Not giving proper care or assistance to someone who is dependent on you NEGLECT

  17. NEWFOUNDLAND AND LABRADOR 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

  18. 2 When and How are you Required to Respond to Elder Abuse?

  19. NEWFOUNDLAND AND LABRADOR RESPONDING TOABUSE AND NEGLECT • Talk to the older person • Help the person get support and assistance, refer to helpful agencies • Reporting abuse or neglect

  20. NEWFOUNDLAND AND LABRADOR 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?

  21. NEWFOUNDLAND AND LABRADOR 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

  22. NEWFOUNDLAND AND LABRADOR NEGLECTED ADULTS WELFARE ACT • Every person must report information regarding neglected adults • Report to the Director of Neglected Adults • Duty to report applies to confidential information • Failure to report is an offence • A person can be fined for notreporting concerns

  23. NEWFOUNDLAND AND LABRADOR LEGAL DEFINITION OF NEGLECT A person “who: • is incapable of caring properly for self becauseof physical or mental infirmity, • is not receiving proper care and attention, and • who refuses, delays or is unable to makeprovision for proper care and attentionfor himself or herself.”

  24. NEWFOUNDLAND AND LABRADOR ELDER ABUSE Newfoundland and Labrador does not have a law that requires people to respond to abuse or neglect of adults under other circumstances or that deals with services to abused older adults.

  25. 3 How do you Identify the Best Response?

  26. NEWFOUNDLAND AND LABRADOR 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.

  27. NEWFOUNDLAND AND LABRADOR 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.

  28. NEWFOUNDLAND AND LABRADOR 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.

  29. NEWFOUNDLAND AND LABRADOR 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.

  30. NEWFOUNDLAND AND LABRADOR 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.

  31. NEWFOUNDLAND AND LABRADOR 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.

  32. NEWFOUNDLAND AND LABRADOR 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.

  33. NEWFOUNDLAND AND LABRADOR 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.

  34. NEWFOUNDLAND AND LABRADOR 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.

  35. NEWFOUNDLAND AND LABRADOR 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.

  36. 4 Who to call for more Information or to Respondto Concerns about Abuse?

  37. NEWFOUNDLAND AND LABRADOR RESOURCES • Urgent assistance • Reporting abuse and neglect • Legal advice • Counseling and victim assistance • More information about elder abuse

  38. NEWFOUNDLAND AND LABRADOR 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

  39. NEWFOUNDLAND AND LABRADOR REPORTING NEGLECT Call the Director of Neglected Adults or a social worker, who will report to the Director.

  40. NEWFOUNDLAND AND LABRADOR LEGAL ADVICE Refer older adults to the Public Legal Information Association of Newfoundland and Labrador for legal advice, assistance or referral.

  41. NEWFOUNDLAND AND LABRADOR 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

  42. NEWFOUNDLAND AND LABRADOR 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

  43. NEWFOUNDLAND AND LABRADOR 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.

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

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