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2011 AGM
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For a printable PDF version of this webpage,
click here. (32 kb) |
At present, very few
abuse cases involving seniors make it to court. Are there ways
to improve the
situation?
|
The
Challenge |
Possible Solutions |
|
Seniors
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May not be aware that what they are experiencing is a crime.
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Public education talking about types of abuse that are crime. |
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May be afraid or shamed that someone in their family has hurt them
this way. |
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Normalize the experience - "This happens in many families. It's not
just you."
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Consider having police work with trained seniors in a team approach
to reduce seniors' fears (approaching "senior to senior").
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Victim assistance to support and encourage seniors, particularly
throughout the criminal process.
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Helping to let seniors know that an important way of helping one's
grown children is making their accountable for their actions.
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Many older adults in Canada (up to 50%) experience difficulties with
functional literacy.
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Some seniors may be unaware of the contents or effects of legal
documents as a result of literacy problems. Physical conditions such as
vision impairment can also impede their understanding. |
-
Any legal information used for seniors should be written with this
in mind. |
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The
Challenge |
Possible Solutions |
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Family
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- May
not be aware that what they are doing is against the law
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Clearly written public education materials aimed at family members
identifying their responsibilities under powers of attorney,
representation agreements etc.
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Primary legal education aimed at social workers and others who come
in contact with families, so that they can better inform families when
abuse might be imminent:
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"Did you know that a power of attorney you have can't be
used for health care decisions"
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"Did you know that a power of attorney has to be used for the
senior's benefit, and not other people's"
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"Did you know that what you are suggesting could be considered
against the law…"
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"Collusion" by family lawyers |
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Lawyers need to better recognize who their client is, and
that family interests and the senior's interests are often not the same.
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Provide proper knowledgeable, independent legal advice for the
senior. |
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The
Challenge |
Possible Solutions |
|
Police and Service
Providers |
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Often not aware that abuse can happen in later life
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May feel ill equipped to help in these cases |
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Provide education and training for police officers on aging and
abuse in later life.
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Use of specialized elder abuse teams (police working in conjunction
with other professions and trained seniors).
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Use of forensic auditors for some forms of financial abuse. |
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Some may have ageist attitudes
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May assume that family members are "giving care", and are simply
"stressed out caregivers", and shouldn't be giving charged.
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Education regarding the stereotypes.
|
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Often want a quick answer- "charge or not charge". May interpret a
senior's difficulty in making decisions about or vacillation in laying
charges as a sign of deteriorating mental incapability
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Education on the dynamics of abuse.
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Promote understanding of the effect that abuse has on
decisionmaking. |
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Domestic violence charging policies don't seem to apply to abuse by
offspring
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At a policy level, broaden the charging policy to include grown
offspring, living with or apart from the senior.
|
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Simply telling seniors that "sorry, it's a civil matter" (not
helping them connect to other legal resources or community resources) |
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Educating police on the available community resources.
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Specifically identify types of resources that would be most helpful
in particular types of situations.
|
|
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May feel it is futile to charge, especially if Crown does not
follow through by prosecuting |
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Support for police officers, positive feedback from the community
when their involvement has been helpful.
|
|
The
Challenge |
Possible
Solutions |
|
Crown |
|
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May assume that senior not capable of giving reliable and credible
evidence
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May assume that "just because old", won't live to make it to trial
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Education on aging and abuse in later life.
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Education on common stereotypes.
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Support to the senior throughout the process to get the best evidence
possible.
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Look at ways to expedite these cases.
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May have difficulty proving cases beyond a reasonable doubt |
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Need to collect evidence from reliable collateral sources.
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Also need good records in hospitals, from community agencies in touch
with senior.
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Judges |
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May not be aware of abuse in later life as a social problem, or the
special elements of it
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Judicial training on aging and abuse in later life. |
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May not give sufficient latitude to older adults in terms of
witnessing; taking their evidence in alternate formats |
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Must be formally given this type of latitude (e.g. in rules of
court), so that lawyers can refer to it and make use of it in court.
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Development of legal principles in contract law, family law, wills
and estates, etc. That understand older adults', their personal
relationships, their socio-economic realities. |
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Legal Aid |
|
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Often does not cover the kinds of situations that affect the
seniors, however the perpetrator may be able to get legal representation |
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Broaden Legal Aid availability to cover these type of "family law
matters" or poverty law matters. The loss of financial resources, for
example, undermines all parts of the senior's life.
|
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The
Challenge |
Possible
Solutions |
|
Lawyers
|
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Often
not knowledgeable about aging issues; or abuse issues in
later life. |
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Curriculum development in law schools on "elder law" and meeting the
legal needs of an aging population, generally.
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Very little has been written in this area for the Canadian lawyer |
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Development of continuing legal education focussed on legal issues
for an aging population.
|
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"Elder law specialists", where they exist, tend to focus on
estate planning or guardianship (in other words, planning for death, or
working with family on issues where senior is assumed incapable)
|
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Broaden "elder law" training in Canada to include all aspects of healthy
aging, the full range of issues affecting people in their later years. |
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The
Challenge |
Possible
Solutions |
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Court Houses |
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May be environmentally inaccessible for the senior who has mobility
impairments, hearing problems or visual difficulties
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Conduct an environmental assessment of your local facilities to see
what barriers they create for seniors with disabilities.
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Advance planning to accommodate the physical challenges facing some
seniors. |
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Physical set up of some court rooms may work against seniors as
witnesses (e.g. being able to sit down)
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Page
Canadian Network for the Prevention of
Elder Abuse.
Page last updated
Thursday July 29, 2010
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