Canada is experiencing an unprecedented demographic change. It has been estimated that by 2041, one-fourth of Canada’s population will be over the age of 65. At the same time, many Canadians are living and working longer and longer. As the “baby boomer” generation moves into its senior years, elder law issues associated with this changing landscape are increasingly coming to the forefront.
Elder Law is a legal term which encompasses those practice areas that address matters affecting the aging population and includes ensuring the legal and financial interests of older individuals are secure, as well as steps taken by supportive family and relatives to ensure that the interests of their loved ones are protected.
Elder abuse is 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. This type of violence constitutes a violation of human rights and includes physical, sexual, psychological, and emotional abuse; financial and material abuse; abandonment; neglect; and serious loss of dignity and respect.
Common types of elder abuse include:
Physical abuse is when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force and includes acts such as hitting, kicking, pushing, slapping, and burning. The non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults such as hitting or shoving but the inappropriate use of drugs, restraints, or confinement.
Evidence of sexual abuse may include torn or damaged clothing, injury to the genitals or breast area, otherwise unexplained sexually transmitted infections, and emotional distress. Sexual abuse often involves coercion or manipulation by a caregiver.Any sexual contact, language or display of pornography without the older person’s consent, or through coercion.
For example, making obscene phone calls in the person’s presence, inappropriate handling when undertaking personal care activities, or making the person perform a sexual act they don’t want.
Psychological abuse is believed to be the most common of all types of elder abuse, with a reported incidence rate of 54.1%. Psychological abuse is the most difficult form of abuse to detect because it lacks clear evidence and concrete assessment criteria. It can occur as the only type of abuse an older adult experiences or in conjunction with other types of abuse.Psychological abusers prey upon the many vulnerabilities of older adults to invoke the fear of violence, feelings of deprivation, indignity, isolation, shame, and powerlessness.
Deep emotional and mental damage can result, often with the victim requiring long-term treatment. Psychological abuse often opens the door for other types of elder abuse, particularly financial exploitation and sexual abuse.
Emotional abuse is when a person acts in a way that leads a senior to emotional pain and suffering. Such anguish of a senior can present itself in a variety of ways like nervousness, agitation, sadness, or fear. Acts of emotional abuse can either be intentional or unintentional; it depends whether the abuser wanted to hurt a senior’s emotions or if he or she was overly stressed and unwillingly lashed out.
According to the Canadian Department of Justice, financial abuse is the most commonly reported type of abuse against older adults. Financial abuse comes in various forms. It can consist of the improper use of joint bank accounts, forgery or abuse involving a Power of Attorney document, sharing an older adult’s home without payment or sharing in expenses, misuse, appropriation, or theft of an older adult’s assets, transfer of real property, ATM fraud and other.
With passive and active neglect the caregiver fails to meet the physical, social, and/or emotional needs of the older person. The difference between active and passive neglect lies in the intent of the caregiver. With active neglect, the caregiver intentionally fails to meet his/her obligations towards the older person. With passive neglect, the failure is unintentional; often the result of caregiver overload or lack of information concerning appropriate caregiving strategies.
While one sign does not necessarily indicate abuse, some tell-tale signs that there could be a problem are:
Elder abuse can take place in the home, in other residential settings, or in the community. Elder abuse can be defined in different ways and can cover an infinite number of situations. Elder law and abuse involves many far reaching practice areas and not just Estates Trusts and Capacity litigation. Lawyers work with the elderly in many practice areas and bring expertise accordingly in the appropriate area of law.
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