Canadian Legal FAQS- Abuse of Older Adults/General Information
 
 

Abuse of Older Adults/General Information



 
 
   
 


< Abuse of Older Adults

Contents

General Information

Back to Top

What is elder abuse?

Back to Top

Elder abuse, or the abuse of older adults, has been defined as any deliberate action or lack of action that causes harm to an older adult. Neglecting an older adult by not doing something can be just as abusive as actually striking the older adult physically. Under- or over-medicating a person might also constitute abuse. Violating the civil rights of a person, for example, by not allowing him or her to have visitors or to go out, can also constitute abuse.

The harm caused by abuse can be

  • physical,
  • emotional,
  • sexual, or
  • financial.

I live with my daughter and her husband. My son-in-law works very hard, so he is often tired and moody. Lately he has been doing things like pulling my hair and leaving me in my room all day without food when my daughter is out. He even punched me once. I think it must be because he is tired, but is this normal?

Back to Top

No. There is no justification for your son-in-law to treat you this way and you do not have to put up with it. In these circumstances, it's normal to feel violated and harmed. It is important for you to stop his behaviour or remove yourself from the situation. There are agencies that can help you decide how to handle this situation.

Is there any identifiable reason why abuse of older adults occurs?

Back to Top

There are many different reasons. Every case is unique, with different facts. Some factors that have been identified include

  • a history of abuse between family members, for example, spousal abuse becomes elder abuse, or abused children become abused caregivers to elderly parents;
  • dependency, for example, the elderly person becomes dependent on family members, or someone is dependent upon the elderly person for money or housing;
  • stress might be caused by a number of factors such as mental or physical illness, financial pressures, lack of support systems, lack of choice for accommodation for an elderly person, or fear of one's own aging;
  • alcohol or drug use;
  • greed;
  • lack of knowledge about the degree of care and needs of an elderly person;
  • lack of respect given to elderly people in a society that values youth, self-reliance, and energy;
  • lack of professional awareness about the problem of elder abuse, so that it might continue undetected.

Is abuse of older adults easy to detect?

Back to Top

Not necessarily. An elderly person can be isolated and hidden from view, unlike a child who has to appear in school every day. There are, however, some signs that might indicate that an older adult is being abused in some way, for example, physical injuries, depression, or lack of money.

It is also important to distinguish between abuse and self-neglect by the older adults themselves.

Where can I get more information about abuse of older adults?

Back to Top

You can find more information on the National Clearinghouse on Family Violence website or by telephone at 1-800-267-1291. You can also access information on the OakNet website.

Physical Abuse

Back to Top

My mother lives with my brother and his wife. Last time I visited, I noticed that my sister-in-law was very rude to my mother and my mother had a large burn on her arm. Her explanation seemed unlikely. I am worried she is being abused. What kinds of actions constitute physical abuse?

Back to Top

Physical abuse is caused by inflicting physical harm upon an older adult. For example, hitting, pushing, slapping, or injuring an older adult in any way would be physical abuse.

Physical abuse also covers behaviours such as

  • sedating a person through over-medication;
  • under-medicating a person when drugs are needed for a medical problem;
  • deliberately exposing a person to severe weather;
  • physically confining the person for long periods of time, whether it be to a chair, a room, a bed, or a house.

How can I tell if my mother might be physically abused?

Back to Top

Signs that a person might be experiencing physical abuse can include

  • marks of physical injuries that cannot be explained (or where the explanation seems unlikely), for example, bruises, welts, cuts, burns, or head injuries;
  • confusion or tiredness from over-medication;
  • continued suffering from a medical condition as a result of under-medication;
  • loss of mobility as a result of being restrained.

There may also be indications of abuse where the older adult lives, for example,

  • locks on the doors;
  • locks in areas where food is kept;
  • unusual marks on furniture where restraints might have been used.

Sexual Abuse

Back to Top

What sorts of actions constitute sexual abuse?

Back to Top

Sexual abuse can include any forced sexual activity or inappropriate touching.

How can I tell if someone might be sexually abused?

Back to Top

Sexual abuse can be indicated by

  • pain, bleeding, or bruising in the genital area;
  • depression or signs of fear, withdrawal, anxiety, or passivity.

Emotional Abuse

Back to Top

Last year my elderly neighbour's nephew moved in with her while he was attending university. Since then, she has become very withdrawn and I hardly see her anymore. I worry that her nephew is not treating her appropriately. What sorts of actions constitute emotional abuse?

Back to Top

Emotional or psychological abuse can include

  • making threats to do something to the older adult or to something or someone the person cares about;
  • humiliation;
  • forced socialization or isolation;
  • treating the older person like a child;
  • not allowing the older person to make decisions for him- or herself.

How can I tell if someone might be emotionally abused?

Back to Top

Signs that someone might be experiencing emotional or psychological abuse include

  • showing fear of certain family members, friends, or caregivers;
  • withdrawal, apathy, or depression without any apparent reason;
  • physical signs of isolation being imposed, for example, locks on doors, or having no access to phone, radio, or television;
  • the older person being largely ignored, treated passively, or treated like a child by a caregiver.

Emotional or psychological abuse can be hard to detect, but may be an indication that other forms of abuse are also taking place.

Financial Abuse

Back to Top

What sorts of actions constitute financial abuse?

Back to Top

Financial or material abuse includes

  • theft of money, belongings, or pension cheques;
  • forcing an older person to change a will;
  • forgery of signature on personal cheques or legal documents;
  • withholding money that the older person needs;
  • forcing or tricking an older adult to sell a home or possessions, or to pay for unnecessary services;
  • pressuring an older person to provide services for free, for example, babysitting or sharing his or her house;
  • abusing power of attorney, guardianship, or trusteeship responsibilities.

My elderly aunt lives alone and her neighbours have been very good to her. I am becoming concerned, however, that they might be taking advantage of her financially. They shop for her and cash her cheques, but when I last saw her, she seemed to be very short of money and food. How can I tell if they are stealing from her?

Back to Top

Financial abuse can be difficult to detect because it will often occur over a period of time. If you have suspicions, however, it is a good idea to check them out. You can ask your aunt about her finances and who controls them, and about her relationship with her neighbours. If your aunt is reluctant to tell you, you may just have to keep monitoring the situation. Maybe other neighbours have noticed a problem and they might be able to help you find out what is going on.

You could also talk to your aunt about managing her affairs in a different way, perhaps by asking for assistance from a regular authorized caregiver or by giving a trusted person a power of attorney over her finances. You can also give her information about financial abuse and support services. In having these discussions with your aunt, it is important to respect her wishes and confidentiality, and to get her consent before you do anything.

Are there other ways my aunt can keep tighter control of her financial affairs?

Back to Top

Other ways of helping your aunt to keep tighter control of her financial affairs include encouraging her to

  • be fully informed about her property, bank account, and possessions;
  • keep her money in a bank or other financial institution, rather than at home;
  • set up the paperwork to ensure pension cheques go directly into a bank account;
  • discuss any loan she intends to make with a trusted third party and be sure there is an agreed schedule of repayment;
  • review her will periodically;
  • have a trusted third party check any documents she is asked to sign.

Your aunt should also be encouraged to maintain her network of friends and acquaintances so that she does not become isolated and fully dependent upon anyone who might be abusing her.

Neglect and Self-Neglect

Back to Top

My friend lives with her children and I am concerned about her health. She rarely has clean clothes to wear, she can only go out when her daughter feels it is convenient, and she isn’t receiving her insulin shots on a regular basis. What constitutes neglect of an older person?

Back to Top

Neglect might include

  • withholding clothes, food, medication, personal care, hygiene, or medical care;
  • leaving the elder person in an unsafe or isolated place;
  • leaving an older adult tied to a bed or chair.

Neglect can be intentional or unintentional. Unintentional neglect can occur when a caregiver does not provide necessities because of a lack of skill, information, or interest.

It is also important to distinguish between neglect caused by someone else and self-neglect caused by the older person not taking care of him- or herself.

What are signs of neglect?

Back to Top

Signs of neglect can include

  • physical signs of malnourishment such as dry lips, pallor, or excessive weight loss;
  • dirty or inappropriate clothing for the weather;
  • shivering, a blue tinge to the skin, or low body temperature, which might indicate hypothermia;
  • lack of needed dentures, hearing aid, or glasses;
  • infrequent bathing;
  • incontinence;
  • physical or mental deterioration with no medical reason;
  • confinement;
  • wandering dangerously;
  • lack of groceries;
  • inadequate or over-medication;
  • cooking or housekeeping standards that could lead to accident or illness.

My elderly uncle is very independent. He lives by himself and has no help. Lately his kitchen and bathroom have been very dirty. His vision is failing and he doesn’t appear to be eating very well. I am worried about him becoming ill or having an accident because he isn’t looking after himself. What can I do to help him?

Back to Top

It can be difficult to help someone who is mentally competent and who has made a decision to live in a situation of self-neglect. In very general terms, people have a right to live as they choose as long as they are not committing a crime or posing a risk to others.

Some provinces have laws that set out rights and processes to be followed when it is believed that someone is at risk from self-neglect. If there is such a law in your province, it may help you deal with your uncle. Your provincial or territorial office for social services or for seniors will be able to direct you to the services available in your area.

I’m afraid I might offend my uncle if I suggest something too drastic. How can I be helpful but gentle at the same time?

Back to Top

Other ways in which you can assist your uncle while maintaining his dignity are to

  • empower him to find some solutions himself;
  • keep in contact with him;
  • make suggestions about options to help him;
  • establish a connection with formal care services;
  • find ways to reduce his isolation.

More Information

Back to Top

Click here for related Canadian Legal FAQs.

Click here for external resources.

This page was last updated in June, 2009.



Back
Content last reviewed 19:48, 15 June 2009.
 
Other websites of the Centre for Public Legal Education Alberta: