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This Manitoba presentation provides information on elder abuse and neglect, including different types of mistreatment, legal definitions, and guidelines for responding. Learn how to identify the signs of abuse and find resources for support. Presented by the Canadian Centre for Elder Law.

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PRESENTATION FUNDING

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

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

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

  4. MANITOBA 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. 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

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

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

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

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

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

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

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

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

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

  17. 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

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

  19. MANITOBA 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. MANITOBA 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. 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

  22. MANITOBA PROTECTION FOR PERSONS IN CARE • Every person has a duty to report abuse of an adult receiving care from a health facility • Duty to report extends to abuse that a person believes is likely to occur • Includes adult residents and in-patients of a health facility, day patients, urgent care and emergency department patients

  23. MANITOBA PROTECTION FOR PERSONS IN CARE • Report abuse to the Protection for Persons in Care Office • You can make an anonymous report • Failure to report is an offence • A person or service provider can be fined for not reporting concerns

  24. 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

  25. MANITOBA Adult Protection Manitoba does not have a law that requires people to respond to abuse or neglect of adults under other circumstances

  26. 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 person’s property.”

  27. 3 How do you Identify the Best Response?

  28. 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.

  29. 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 adult’s individuality.

  30. 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.

  31. 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.

  32. MANITOBA 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.

  33. 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.

  34. MANITOBA 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.

  35. 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.

  36. 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.

  37. MANITOBA 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.

  38. 4 Who to call for more Information or to Respondto Concerns about Abuse?

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

  40. MANITOBA 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

  41. 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.

  42. 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.

  43. MANITOBA LEGAL ADVICE Refer older adults to the SeniorsLegal Assistance Panel Programfor legal advice.

  44. 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

  45. 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

  46. MANITOBA 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.

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

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