Q: I keep hearing stories about elder abuse. What is meant by that? Is it illegal?
A: By elder abuse, we are usually referring to an older person who is taken advantage of by a trusted person. An elderly person is generally seen as someone older than 65.
The person in a position of trust does something, or fails or refuses to do something, that causes physical, emotional or financial harm to the older person – sometimes all three.
Usually the person of trust is in a position of access to the elder, or his or her finances. So it’s often a relative, a caregiver or a money manager.
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Each province has conducted various studies on this matter. Ron Kruzeniski, Saskatchewan’s public trustee, wrote an October 2004 paper called No Silver Bullet. In it, he suggests that statistics are hard to measure, but many people suffering financial abuse in Saskatchewan are elders, and millions of dollars are lost each year in the province because of it.
This is money that elders, often of limited means, lose to unscrupulous people who are willing to take advantage of the weak and vulnerable. Kruzeniski has written other, more recent publications, which I also recommend.
Some signs of elder financial abuse are: the person is confused about their financial situation; debts and bills that have been promptly paid for years are falling behind; a caregiver seems too involved in finances; and bank statements show unexplained transactions.
Signs of physical abuse can include: deterioration in physical appearance and hygiene; changes in medication leading to confusion; and evidence of injuries or harm.
Emotional abuse can manifest itself as: a sad or depressed outlook; confusion; fear; allowing the caregiver to handle all difficult questions; and isolation from friends or family by the caregiver.
Often many of these signs are seen together.
Families, trusted friends and health-care professionals can help prevent this abuse.
Make sure the elder has access to independent financial and legal advice. Be careful about having them set up joint accounts with others. Make sure you know who is helping the elder and ensure they’re not just helping themselves. Keep credit and debit card limits low.
Each province has government professionals who specialize inthis area and who can also be an important resource for people grappling with a suspected elder abuse situation.
These officials can’t solve every case and cannot handle every matter where someone suspects elder abuse, but they have a lot of knowledge, experience and advice they can share.
They are called the Public Guardian and Trustee, or words to that effect, and their contact information is in government directories.
They don’t have the silver bullet to take on or fix each case, but they can provide valuable advice.
The Saskatchewan Public Trustee has a booklet that I have found helpful. It’s called Minimizing the Risk of Financial Harm to Vulnerable Adults.
Contact them for a copy or you can get it on the internet at www.justice.gov.sk.ca/pgtpubs.
As always, consult an independent lawyer to protect the rights of the elder. Often they cannot protect themselves.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
