Preventing Abuse andNeglect of Seniors

Public Legal Educationand Information Serviceof New Brunswick

Public Legal Education and Information Service of NewBrunswick (PLEIS-NB) is a non-profit organizationwhich provides information about the law to NewBrunswickers. It receives funding and in-kind supportfrom the Department of Justice Canada, the NewBrunswick Law Foundation and the New BrunswickOffice of the Attorney General

We would like to thank those who helped to developthis booklet. They include: the Department of SocialDevelopment, Go Ahead Seniors Inc., and members ofthe Law Society of New Brunswick.

This booklet does not contain a complete statement ofthe law in this area and laws continue to change.Anyone needing specific legal advice should contact alawyer.

Revised March 2018 ISBN: 978-1-55471-731-6

Public Legal Educationand Information Serviceof New BrunswickP.O. Box 6000Fredericton, NB E3B 5H1Telephone: (506) 453-5369Fax: (506) 462-5193Email: pleisnb@web.cawww.legal-info-legale.nb.ca

Published by:

TABLE OF CONTENTS

1. Introduction 1

2. Some Reasons for Abuse and Neglect 2

3. Defining the Problem 3

3. Getting Help 5

4. Exploring Some Options 7

i. Social Development 7

ii. Police 12

iii. Support Services in the Community 13

5. Preventing Abuse and Neglect 15

6. Safety Planning for Leaving Abuse 16

7. My Important Contacts 19

Preventing Abuse andNeglect of Seniors

1. IntroductionThe purpose of this publication is to answersome questions about abuse and neglect ofseniors. It may also help family, friends andcaregivers who assist seniors.

Can abuse and neglect happen to anyone?

Yes. Abuse and neglect can happen to anyoneat any age, activity level, income or culturalbackground. It can happen to people who livealone, with family or in a nursing home.

Who might act abusively?

An abusive person is usually someone thevictim knows and trusts - someone withcontrol and influence over the senior. Abusersoften isolate the victim from friends,neighbours and caring family members.However, an abuser might be anyone. Thismay include:

� a spouse/family member

� a friend

� any caregiver

� anyone working for a person

� staff in a nursing home/special care home

� a stranger

� a landlord

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Nothingjustifies abuseand neglect.

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What does “caregiver”mean? In this booklet,caregiver meansanyonewho is looking afteran older adult. This couldbe a friend, family member(including a spouse),neighbour,health careprofessional (such asnursing home or specialcare home staff) orinhome support worker(such as a homemaker).

2. Some Reasons For Abuse And NeglectIn a Family

� a stressful time in the family

� poor family relations

� a cycle of violence exists in the family

� the abusive caregiver is trying to geteven with a parent for past events

� the abusive caregiver has a drug oralcohol problem

� the abusive caregiver doesn’t understandthe aging process

� the abusive caregiver has financialproblems

� the abusive caregiver may care for otherdependants and he or she may beoverwhelmed

� the abusive caregiver may be elderly ordisabled and incapable of looking afterhim or her self, in addition to someoneelse.

In a Nursing Home, Special Care Home,etc.

� lack of training

� over-worked staff

� stressful working environment

� lack of communication.

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Any act of violence or rough treatment that causesinjury or discomfort, such as slapping, pushing orhitting. It may include the use of physical restraints.

Any act which lowers a person’s dignity and self-worth. This may include regularly yelling at,criticizing, threatening, humiliating or isolating thesenior. This can also include spiritual abuse, such aspreventing the senior from attending church orworship services, and/or mocking the senior’sreligious beliefs.

Any misuse of medications and prescriptions,including withholding medication and over-medicating.

DefinitionType of Abuse

Physical

Psychological/

Emotional

Chemical /MedicationAbuse

Sexual

Financial

Neglect Happens when a caregiver does not properly care for andattend to a senior who cannot fully look after him orherself. It may include withholding food, personalhygiene care, health services, clothing, help orcompanionship. Neglect may also be self-neglect. Thishappens when a person refuses, delays or is unable toarrange for his or her own care and attention.

Any act involving the misuse of the senior’s moneyor property without their full knowledge andconsent. This includes theft of money, pensioncheques or property as well as misuse of a power ofattorney.

Any unwanted sexual act. This may includeunwanted touching, kissing or fondling.

3. Defining the Problem

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fear of caregivers unexplained injuries delay in seeking treatment

unusual patterns of bruises history of changing doctors scalp injuries

avoids eye contact withcaregiver

fear of abandonment lethargic/withdrawn

sudden changes in mood failure to fill prescriptions

change in sexual behaviour sexually transmitted

infections (STI)

going without affordablenecessities

unusual withdrawals frombank account

unkempt appearance skin conditions or pressure

sores untreated medical problems alcohol or medication abuse

Indicators

overly sedated or lethargic overly anxious or agitated disorientation, confusion

unusual fear of a person stained, torn or bloody clothes pain and bruising

unexplained missing items failure to pay bills inaccurate knowledge of

finances suddenly changing a will

malnourishment wandering without supervision lack of heat/electricity unkempt appearance missing dentures, glasses,

hearing aids

low self-esteem appears nervous around

caregiver confused suicidal

If you are beingabused, there aremany sources ofhelp available.Keep trying untilyou get the helpyou need.

3. Getting HelpWhat can I do if someone is abusing orneglecting me?

� Talk to family members or friends.

� Talk to the abuser about your feelings if youfeel comfortable and safe doing so.

� Talk to your doctor, counsellor, minister orreligious leader or a member of your faithcommunity.

� Find out about support services.

� Call the Department of Social Development.

� Call the police.

� Leave.

Why don’t victims report abuse and neglect?

Some people don’t report abuse and neglectbecause they are ill, frail or have communicationdifficulties. Others think that:

� they will get more abuse

� no one can help

� there is no proof

� they deserve it

� it is too shameful

� it is a family problem

� they should keep on coping

� they might lose their caregiver

� their caregiver will institutionalize them

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Can a concerned friend or neighbour help?

Yes. Although by law people do not have toreport suspected abuse or neglect of seniors,anyone can help. No one should tolerateabusive behaviour. If you think there is aproblem, tell someone about your concerns.The checklist below may help.

Checklist for Helping a Victim of Abuse andNeglect

� Talk to the person privately.

� Listen to what the person is saying.

� Try to understand what is happening.

� Write down everything the person says.

� Do not panic or make assumptions. This isa difficult time for the person.

� Explain the options available to theperson.

� Discuss the advantages and disadvantagesof each option or contact someone whocan.

� Encourage the person to choose the mostappropriate option for his/her situation.

� Let the person make his/her own decision.

� If the person’s safety is at risk, tell thepolice or Social Development.

Help stop abuseand neglect.

Report it!

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Disability is defined as aphysical, communicationor intellectualimpairment whichgreatly limits the abilityto carry out normal dailyactivities.

4. Exploring Some Options

I. Social Development

How can the Department of SocialDevelopment help?

The Department of Social Development hasseveral programs that offer support andservices. One program that can help whensomebody abuses or neglects a senior is adultprotection. The adult protection program worksto protect vulnerable seniors while recognizingthat competent adults have the right to maketheir own decisions and live their lives as theywish.

Under the Family Services Act the Departmenthas the authority to investigate and take actionwhen they have good reason to believe a reportabout the abuse or neglect of a senior.

Financial abuse is not covered by the adultprotection program. It is covered by theCriminal Code. If someone steals your money orproperty, you can call the police.

Who is an adult in need of protection?

The Family Services Act defines an adult in needof protection as a person aged 65 or older, or adisabled adult adult over the age of 19 who:

� is incapable of properly caring for her orhimself because of a mental or physicaldisability, and

� who is being abused and neglected, and

� who refuses, delays or is unable to removehim or herself from the abusive situation.

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How do I ask the Department for help?

Just call your closest Regional SocialDevelopment office and explain your situation.The telephone numbers for the adult protectionprogram are on the sidebar of this page. You canmake an adult protection referral 24 hours a day,7 days a week.

Can anyone report abuse or neglect?

Anyone can call the Department of SocialDevelopment to report concerns about thetreatment of a senior. The Department cannot tellyou who made the report without the person’sconsent, unless ordered to do so by a judge.

What happens when someone reports abuse?

If the Department has reason to believesomebody is abusing or neglecting a senior, asocial worker will look into the situation. This iscalled an investigation.

What if I live in a nursing home?

No matter where you live, the Department willinvestigate.

What if the abuser tries to stop theinvestigation?

If anyone interferes, the court can give the socialworker a warrant to continue the investigation.If the social worker believes somebody is abusingyou, he or she can also ask the court for awarrant or an order to remove that person fromwhere you live.

Acadian Peninsula(Tracadie-Sheila): 1-866-441-4149

Chaleur (Bathurst): 1-866-441-4341

Edmundston:1-866-441-4249

Fredericton:1-866-444-8838

Miramichi:1-866-441-4246

Moncton: 1-866-426-5191

Restigouche(Campbellton): 1-866-441-4245

Saint John: 1-866-441-4340

Call toll-free

New Brunswick AdultProtection Program

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When does the investigation start?

If you are in immediate danger, theDepartment will start the investigationimmediately. Otherwise, the Department willstart the investigation based on theinformation received from the referral source.

What happens in an investigation?

A social worker will come to your home or someother place where you feel safe to explain thereasons for the investigation. He or she willinterview you to find out if somebody isneglecting you, or physically, sexually oremotionally abusing you. The social worker willassess your situation to see if your safety andwell-being are at risk. The social worker mayalso interview family members.

What happens after the investigation?

If somebody is abusing or neglecting you, thesocial worker will offer to help. Options mayinclude:

� providing social services.

� referring you to the proper agency orservice.

� placing you under protective care.

� taking you to a hospital.

� calling the police.

What if I do not want help?

If you are competent to decide, the socialworker will only provide services to you if youconsent.

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What if my caregiver doesn’t want me to gethelp?

Sometimes a caregiver, relative or friend may tryto influence their victim not to accept help afterthe investigation. This is called interference. Ifsomeone interferes or tries to stop you fromgetting help, the adult protection social workercan take steps to help you – so please speak up!

What if the social worker thinks I’m neglectingmyself?

People have the right to live the way they want ifthey are competent to choose, commit no crimeand do not behave dangerously. Adults who donot want help have the right to refuse servicesand be left alone. People should respect theirwishes. The social worker may only offer help andmake suggestions. The Adult Protection Programrecognizes that adults have the right toautonomy and self-determination.

What if I become mentally incompetent?

People who are mentally incompetent may not beable to look after themselves, decide about theircare or ask for help. If this happens, a social

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worker can give a screening test to see iffurther assessment is necessary. If the socialworker has good reason to believe that you areincompetent, in immediate danger andrefusing social services, he or she can put youunder protective care for up to 5 days. Afterthat time, the protective care order would endor the Department must ask the court for anorder to protect you. If you become mentallyincompetent and suffer from abuse or neglect,the adult protection program can help. Underthis short term program, the Department canask a court to make any order it considersappropriate to help you and do what is in yourbest interest.

What happens to my financial affairs whileI’m under the adult protection program?

The adult protection program normally givesshort term services until the risk of harm isover. However, if you need long term services,somebody may have to look after your financialaffairs. If you have not made arrangements andhave no one who is able to look after things foryou, the Department can ask the The Office ofthe Public Trustee to apply to act as your legalguardian or trustee to handle your financialmatters.

The Office of the PublicTrustee of NewBrunswick protects thefinancial and personalinterests of the elderly,the mentallychallenged,children,missing or deceasedpersons,when there isno one else able andwilling to do so.

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II. Police

Is abuse or neglect against the law?

All abuse and neglect is wrong! Some forms mayalso be offences under the Criminal Code.Examples include assault, sexual assault, threats,theft, fraud and criminal negligence.

Can the police help me?

The police can deal with complaints aboutassault, financial scams, theft of yourbelongings, money or pension cheques. They willalso look into such things as vandalism, homebreak-ins, or harassment from people in yourneighbourhood. The police may be able to tellyou about programs to help keep you safe.

Call your local police or RCMP. In an emergencydial 911. A police officer will come to investigatethe crime. This may mean finding out ifsomebody committed a crime. The police will talkto you and anyone else who has evidence aboutthe crime.

What happens when the police find evidence ofa crime?

If a police officer finds enough evidence of acrime, he or she will consult with the Crownprosecutor and decide whether to lay charges.

Can the police help if my caregiver is abusing me?

If you call the police because of abuse or neglectby a caregiver or someone you know, the policemay call the Department of Social Development.They may decide to do an investigation together.If the police and the Department do a jointinvestigation, then a police officer and a social

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worker will interview you together. If theinvestigation shows the abuse or neglect is aCriminal Code offence, the police can charge theperson.

Will there be a trial?

If the accused person pleads guilty, there willnot be a trial. He or she will be sentenced andyou do not have to be there. However, if theaccused pleads not guilty, there will be a trial.You may have to go to court as a witness.

Will I get help if there is a trial?

If you are a victim of a violent crime, includingabuse and neglect, the Department of PublicSafety, Victim Services Program will help youduring the trial. You can also learn about:

� your rights and responsibilities

� what is happening

� the court’s decision

� answers to your questions

� referrals to support services and counselling

� financial assistance in emergencycircumstances

� special aids to help vulnerable victims ofcrime testify in court

III. Support Services in the Community

What services are available in the community tohelp seniors?

Some of the services in the community include:

� adult day centres

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� attendant care

� meals on wheels

� nursing / special care homes

� homemaker / housekeeper services

� in-home services and supplies

� legal advice clinic (some areas)

� extra-mural program

� counselling services

� support groups

� volunteer services

� advocacy groups

� transition houses

Will these services end the abuse or neglect?

They may help. Sometimes people live withabuse because they believe it is the only way toget the care they need. If someone is abusingyou, social agencies, support groups andprofessionals can give you advice or offeralternatives for your proper care and attention.

For example, taking away some or all of acaregiver’s responsibilities may cut down on thecaregiver’s stress. This may end the abusiveacts. Or, having a safe place to go, such as atransition house, may help you make plans foryour future. However, these services may notend the abuse or neglect. Often the only way tostop this behaviour is to call the Department ofSocial Development or the police.

You can get informationabout provincialservices from ServiceNew Brunswick at 1-888-762-8600. Thereis a section at the backof this booklet whereyou can keep track ofthese services and theircontact information.

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6. Preventing Abuse And NeglectTips for Family Members or FriendsKeep close ties with older relatives and friends.

� Learn to recognize the signs of abuse andneglect.

� Discuss any signs of abuse or neglect.

� Suggest counselling for the family and tellthem about support services.

� If necessary, offer advice on financialmatters.

� Try to reduce the stress in the family.

� Find ways to limit the person’s isolation.

Tips for People at Risk� Keep up your relationships with friends.

� Learn to recognize the signs of abuse andneglect.

� Report any abusive activity.

� Keep your money in a bank.

� Keep your valuables in a safety deposit box.

� Know your financial position.

� Deposit your own pension or disabilitycheques or arrange for direct deposit.

� Join a senior’s group or service club.

� Understand your rights as much as possible.

� Don’t be afraid to ask for help.

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Tips for the Community� Offer counselling services and self-help

groups for abused adults and theircaregivers.

� Make sure that available programs andservices are publicized.

� Educate the public on the aging processand disabilities.

� Create a network of support and advocacyfor seniors and their families.

� Join the Age-Friendly CommunityRecognition Program.

7. Safety Planning for Leaving AbuseIn an emergencyIf you do have to act quickly, it’s important tobe prepared. Here are some things to thinkabout:

� Where will you go in an emergency? Youwill need to have somewhere safe.

� How will you get there? Is there someonewho can come and get you? Can you take acar, taxi, or bus?

� Is there someone you can call to tell whatis happening and where you are going?

� Is there someone you can leave your petswith?

� If you need to go to a transition house, doyou know how to get there?

Elder Abuse Awareness:

Learn about recentinitiatives to raiseawareness of the issueof elder abuse atwww.seniors.gc.ca.

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Elements of an Emergency Plan for SafetyYou should make a plan for increasing yoursafety. Prepare it in advance for the possibilityof further violence. Although you do not havecontrol over the abuse, you do have a choiceabout how to respond to it and how to best getto safety. Keep this plan in a safe place.

� Establish an escape route. Know whereany firearms are kept in the house.

� Know where you can go to be safe, if onlyto make a phone call.

� If you’ve been abused before, make surethe police are fully aware of the situation.

� Have emergency numbers programmedinto the phone (shelter, neighbours, thosewho will help you).

� Speak to your neighbours and people youcan trust. Let them know what’s going onso they can be watching out for you andcall the police if they become concerned.

� Call a transition house and talk to staff.You may want to work out a code word sothey know who you are if you have to callthem in a crisis.

� Hide some money away if possible (youmay need emergency taxi fare) and a spareset of car keys in order to leave quickly.

� Make a list of things to take so that youwill know where to find them in anemergency. Here are some items that maybe important:

� Money, bank books, credit cards

� Clothes for a few days

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� Any medicine you may need

� House keys, car keys

� Identification

� Important papers: birth certificates,marriage certificates, social insurancenumbers, divorce papers, court orders,restraining orders, income tax returns

� Medicare card

� First Nations status card

� Immigration/citizenship papers, passport

� Copies of your lease, mortgage or otherdeeds

� Your address/phone book

� Car registration, driver’s licence, carinsurance

� Your favourite possessions/books (thingsthat give you comfort)

� Consider packing an emergency bag withsome of the items above in case you need toleave quickly. You can’t take everything.Just take what you’ll need for a few days.You can leave the bag with a friend if youhave to.

� It is probably a good idea to get legal andother advice now, even before there is anemergency.

� If you are in danger, get to a phone and call911 immediately.

� Find out about emergency interventionorders and others ways to stay safer if youare being abused by your intimate partner.

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Name:

Date:

File Number

Notes

Name:

Dates:

Notes:

Use this section to keep track of people and agencies that have helpedyou, and to record other important information. You may not need tospeak to all of these people, so just use the sections that apply to you.

Name:

Tel number:

Meeting Dates:

Name:

Tel. number:

Appointments:

Name:

Tel number:

Appointments:

Name:

Tel number:

Meetings Dates:

Hospital

Admission Date:

Attending physician:

Date:

Tel number:

Contact Persons:

Police Dept. of Social Development

Religious Counsellor

Outreach WorkerMental Health Counsellor

Hospital

Transition House

My Important Contacts:

Family Doctor

Crisis Response and Information

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Name:

Meeting dates:

Tel number:

Court dates:

Name:

Tel number:

Meeting dates:

Name:

Tel number:

Meetings Dates:

Name:

Tel number:

Appointment times:

Name:

Tel number:

Appointment times:

Name:

Meeting dates:

Tel number:

Notes:

Crown Prosecutor

Probation Officer

Victim Services

Legal Advice Clinic

Lawyer

Family Legal Aid

Court Related Services

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Name:

Tel number:

Appointments:

Name:

Tel number:

Appointments:

Name:

Tel number:

Appointments:

Name:

Tel number:

Name:

Tel. number

Name:

Tel number:

Appointments:

Name:

Tel number:

Address:

Social Housing

Extramural

Income Assistance

Friends/Neighbours

Mental Health Centers

Food Bank

Type:

Contact name:

Tel number:

Type:

Contact name:

Tel number:

Seniors’ Group/ClubSupport Groups

Community Supports