Stopping Elder Abuse

You are worried about your elderly uncle, James. His wife passed away a few years ago, and his son lives in Australia. James doesn't get out much, but until recently, you had him over for dinner once a week and checked in on him regularly. Now a young man, “Sonny” is living with James, and he won't let you talk to James when you telephone. When you saw James last week at the market, he was with Sonny, who hurried James away when you tried to strike up a conversation. James looked very frail, as if he had not been eating.

What should you do? On the one hand, you don’t want to interfere. On the other hand, you are worried about James.

There are laws to protect James: Part 3 of the Adult Guardianship Act of British Columbia provides a structure for the reporting, investigation and prevention of abuse. The Act defines abuse as the deliberate mistreatment of an adult which causes physical, mental or emotional harm. This can include humiliation, physical assault, sexual assault, over medication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors. Abuse may also include damage to or loss of assets. The Act also protects adult from neglect and self neglect.

If you are concerned about a friend, neighbour or relative, a report can be made to a “designated agency” - in Victoria, the Elderly Outreach Service of the Vancouver Island Health Authority (250 953 3966). The staff at EOS will investigate by interviewing James and, if possible, other family members, friends and health care providers. They must not disclose who made the report, and you are protected from any liability in making the report unless it is made falsely and maliciously.

If the investigation determines that the adult is in need of support and assistance, an array of services can be recommended. The adult may reject that assistance, as one of the guiding principles of the Act is that adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they do not harm others and they are capable of making decisions about those matters. However, if the adult is found to be incapable (as determined by a separate medical assessment), then a court order can be sought to ensure that he or she is protected. Where there is an abusive situation, the court can also order, on an interim and permanent basis, that the abuser be restrained from having any contact with the adult.

If you see or believe an adult is being isolated, coerced, threatened, emotionally abused or financially abused, and you are not in a position to directly assist that adult, consider making a report. If you are interested in learning more about elder abuse, contact:

The BC Coalition to Eliminate Abuse of Seniors (604 - 437-1940): www.bcceas.ca
The Canadian Network for the Prevention of Elder Abuse: www.cnpea.ca