1 / 48

PRESENTATION FUNDING

QUEBEC. PRESENTATION FUNDING. Human Resources and Skills Development Canada – New Horizons for Seniors Program Federal Elder Abuse Initiative. QUEBEC. CANADIAN CENTRE FOR ELDER LAW. National non-profit Studies legal issues that concern older adults Legal research Law reform Outreach

jrhodes
Download Presentation

PRESENTATION FUNDING

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

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

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

  4. QUEBEC 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. QUEBEC 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. QUEBEC ELDER ABUSE • Action: harming a person - ABUSE • Not acting: not providing care or helping a person when a person should have - NEGLECT

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

  9. QUEBEC Hitting, slapping, punching, pushing Being rough Throwing objects PHYSICAL

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

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

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

  13. QUEBEC 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. QUEBEC Preventing a person from practicing her or his faith Forcing a person to participate in a spiritualritual or to practice a religion SPIRITUAL

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

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

  17. QUEBEC 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. QUEBEC 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. QUEBEC 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. QUEBEC 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. QUEBEC QUÉBEC CHARTER OF HUMAN RIGHTS AND FREEDOMS “Every aged person and every handicapped person has a right to protection against anyform 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.”

  23. QUEBEC LEGAL DEFINITION OF ABUSE • Exploitation includes physical, psychological, financial, sexual, chemical and spiritual abuseas well as neglect. • Exploitation covers mistreatment of an older person who is both: • vulnerable; and • dependent on others to meet basic needs.

  24. QUEBEC RESPONDING TO ELDER ABUSE • There is no duty to respond to elder abusein Québec • Report elder abuse to the Commission desdroits de la personne et des droits de la jeunesse • The Commission has a specialized elderabuse team • The Commission can initiate its own investigation

  25. QUEBEC RESPONDING TO ELDER ABUSE The following people may report elder abuse: • Any person or organization that witnesses abuse or has concerns • A victim of elder abuse • A group of older adults who experienced similar abuse

  26. 3 How do you Identify the Best Response?

  27. QUEBEC 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.

  28. QUEBEC 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.

  29. QUEBEC 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.

  30. QUEBEC 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.

  31. QUEBEC 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.

  32. QUEBEC 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.

  33. QUEBEC 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.

  34. QUEBEC 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.

  35. QUEBEC 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.

  36. QUEBEC 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 needto educate yourself about elder abuse.

  37. 4 Who to call for more Information or to Respondto Concerns about Abuse?

  38. QUEBEC RESOURCES • Urgent assistance • Reporting abuse and neglect • Legal advice • Counseling and victim assistance • More information about elder abuse

  39. QUEBEC 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

  40. QUEBEC REPORTING ABUSE Call the Commission des droits de la personne et des droits de la jeunesseto report abuse of a vulnerable and dependent older adult.

  41. QUEBEC 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

  42. QUEBEC LEGAL ADVICE Refer older adults to the Aide Abus Ainé telephone line for referral to services, including legal resources

  43. QUEBEC VICTIM ASSISTANCE • There are a number of agencies thatoffer crisis counseling • It can be helpful to give a person a number to call for free confidentialsupport

  44. QUEBEC 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

  45. QUEBEC 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.

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

More Related