Recorded on: June 4, 2024
Length: 60 minutes
Summary
Lawyers Krista James and Kevin Smith answer common questions about abuse of older adults in British Columbia.
Highlights
In this webinar, you will learn:
What is considered elder abuse. [2:55]
Financial elder abuse
Common ways older adults experience financial abuse. [5:50]
What an older adult can do if they lend money to their adult child and the child describes the loan as an “early inheritance” and refuses to repay it. [7:35]
Factors that an older adult should consider before making their adult child a joint owner of their home in exchange for being looked after as their health declines. [12:00]
What the child of an older adult can do if a sibling has been given power of attorney over their parent’s property and the sibling uses the parent’s savings to buy themself appliances and furniture. [16:10]
Other forms of abuse and neglect
What to do if you suspect that an older adult who lives with one of their adult children is being abused. [19:40]
How to know if an older adult who has Alzheimer’s and lives in a care home is being neglected. [25:20]
What red flags to look for if you suspect that an older adult is being physically abused by their spouse. [31:20]
Preventing elder abuse
Common signs of abuse, including financial abuse. [34:40]
Tips to help an older adult avoid abuse, financial and otherwise. [37:50]
Dealing with elder abuse
Steps that an older adult (or someone helping them) can take if they’re being abused. [41:45]
Resources available to help older adults. [46:25]
Live questions
What to do if an older adult has a son living in their basement who won’t move out or pay rent. [48:40]
Whether designated agencies are required to investigate suspected financial abuse or just concerns about physical abuse. [50:40]
Factors that may be in play if a person encourages an older adult to consider medical assistance in dying (MAiD) simply because they are elderly. [51:40]
Factors to consider if an adult child promises not to put a parent in a care home but wants to be compensated financially. [53:20]
Whether it is abuse if an adult child, who is their mother’s attorney and representative, recovers out of pocket expenses, like transportation and therapy costs, from their mother. [56:40]
Featuring
Kevin Smith
Kevin Smith is a retired lawyer, having worked for several years with Seniors First BC in Vancouver. A graduate of Osgoode Hall Law School, he has an LLM in elder law from the Center for Excellence in Elder Law at Stetson University. Prior to joining Seniors First BC, he worked as a legal aid lawyer in Ontario for 30 years, including as the clinic director of Parkdale Community Legal Services. His work with Seniors First BC focused on elder abuse, including financial abuse and financial exploitation. It also included capacity issues, issues in seniors housing and residential care, and pension appeals.
Krista James
Krista James is a lawyer, writer, feminist, and community organizer. She is currently Policy Director and Senior Legal Counsel for Vancouver Coastal Health. Krista was a staff lawyer with the BC Law Institute for 15 years, including 11 years as National Director of the Canadian Centre for Elder Law. Krista was called to the BC bar in 1998 after articling with the Legal Services Society (now Legal Aid BC). She has practiced labour and human rights law, and written and presented extensively on health law, elder law, and elder abuse.
Attendee feedback
“Excellent use of plain language and explanations.”
“Speakers were great. Tone and pace appreciated. Not too fast.”
“It was very informative. This info is much needed.”
“It was an excellent presentation that gave me much useful information as an older adult looking into the future.”
“I wish I knew this information before. It would have been very helpful in addressing my sister's situation. She has since passed away but was being abused by a so-called friend.”
“Kudos to the host!! I've attended a few of these People's Law webinars and they are very well organized.”
“Thank you for sharing this valuable content.”
“I am a victim services support worker. I often have phone calls from adult children or neighbours of an elderly person, asking for advice/resources/reporting abuse. This webinar provided me with many more resources. I really appreciate the time put into putting this webinar together. The situations provided are very realistic.”
“Keep up the great work — knowledge is power!”
Additional resources
From People’s Law School:
Planning for financial matters, including making or cancelling a power of attorney
Planning for health and personal care, including making a representation agreement
Webinars on planning for your future care, including making a power or attorney and a representation agreement
From the Canadian Centre for Elder Law:
List of designated agencies in BC to report abuse or neglect of an older adult
Guiding principles for those helping an older adult who may be experiencing abuse
From Seniors First BC
Seniors Abuse and Information Line (SAIL): call 604-437-1940 or toll-free at 1-866-437-1940
Also:
Understanding and Responding to Elder Abuse ebook, from the Ministry of Public Safety and Solicitor General
Report adult abuse or neglect, from Vancouver Coastal Health
Money and You: Seniors Edition, from the Canadian Foundation for Economic Education
Aspirational Standards for the Practice of Elder Law, from the National Academy of Elder Law Attorneys