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PRESENTATION FUNDING

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

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PRESENTATION FUNDING

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

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

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

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

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

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

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

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

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

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

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

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

  17. NEW BRUNSWICK 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. NEW BRUNSWICK 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. NEW BRUNSWICK 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. NEW BRUNSWICK 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. NEW BRUNSWICK FAMILY SERVICES ACT • There is no general duty to report abuse and neglect of older adults. • The Ministry for Social Development can intervene to offer services to protect an older adult. • Applies to a victim of abuse and someone in danger of being a victim.

  23. NEW BRUNSWICK LEGAL DEFINITION OF ABUSE The law applies to: • Physical abuse • Sexual abuse • Mental cruelty • Neglect

  24. 3 How do you Identify the Best Response?

  25. NEW BRUNSWICK 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.

  26. NEW BRUNSWICK 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.

  27. NEW BRUNSWICK 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.

  28. NEW BRUNSWICK 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.

  29. NEW BRUNSWICK 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.

  30. NEW BRUNSWICK 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.

  31. NEW BRUNSWICK 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.

  32. NEW BRUNSWICK 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.

  33. NEW BRUNSWICK 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.

  34. NEW BRUNSWICK 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.

  35. 4 Who to call for more Information or to Respondto Concerns about Abuse?

  36. NEW BRUNSWICK RESOURCES • Urgent assistance • Reporting abuse and neglect • Legal advice • Counseling and victim assistance • More information about elder abuse

  37. NEW BRUNSWICK 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

  38. NEW BRUNSWICK REPORTING ABUSE Call the Adult Protection Services toreport elder abuse whether the adultlives independently or in a health facility.

  39. NEW BRUNSWICK LEGAL ADVICE Refer older adults to the New Brunswick Anti-Poverty Legal Clinic for referral to services including legal organizations that provide legal advice.

  40. NEW BRUNSWICK 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

  41. NEW BRUNSWICK 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

  42. NEW BRUNSWICK 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.

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

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