Protecting Canada's Seniors Act

Did you know that a new law called "Protecting Canada's Seniors Act" has now been enacted? To read a commentary about it by Audrey Miller of www.allaboutestates.ca, an expert on seniors' issues, click here.

This new law, also called Bill C-36, makes an amendment to our existing Criminal Code. It does NOT create a new crime of elder abuse. What is does do is add a bit more juice to a judge's power to punish someone who is guilty of elder abuse.

In our Criminal Code, there are a number of things that a judge can take into consideration when deciding what sentence a person should get for a crime. Some are aggravating factors that would cause the judge to give a harsher sentence. These would be things like the accused having a record of similar crimes.

The judge can also take mitigating factors into consideration. These are things that would cause a judge to give a lighter sentence, such as a thief returning what he stole.

The aggravating and mitigating circumstances that a judge can consider are set out in section 718.2 of the Criminal Code. The new law, Bill C-36, adds a new aggravating factor - that being “evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation”.

In other words, the judge may consider giving a harsher sentence to someone convicted of elder abuse.

Now we just have to figure out how to make sure that elder abusers actually end up in court. That will be no easy task, partly because so many perpetrators are family members and know exactly how to conceal their actions and persuade their elder family members not to expose them.

For those of you interested in elder abuse issues, I'm adding some new links to the "interesting links" section of this blog. Hope you find them useful.

Man, 91, dies after being left alone in Summerland care home

This is the kind of story that makes my stomach hurt, at the same time making me absolutely furious. It's the story of Alfredo Bonaldi, 91, who died recently after being left unattended in an assisted living facility in Summerland, BC for several days. Click here to read the article from the Vancouver Province. And for heaven's sake, don't leave your elderly relatives alone for very long.

Assisted suicide opens the door to grave abuses of the elderly

Recently I had a conversation with friends about an aging relative in palliative care. My friends suggested that the elderly relative, who is in enormous pain and who is not going to recover no matter what is done, would likely wish to end his life medically if he had the choice.

Looked at from that perspective, legal euthanasia or assisted suicide seems like a humane option. My response to my friends, however, was immediately to point out that legalizing euthanasia would be opening a floodgate of abuse. Perhaps it's all the years I've spent trying to protect people (mostly seniors) from the financial predators in their lives, but I can envision one hell of  a lot of greedy individuals shortening their relatives' lives for financial gain.

Every day I hear rationalizations such as "I'm taking my mother's life savings because she doesn't really need it, living in a home as she does, and I'm going to inherit the money one day anyway". You'll notice the excuse has absolutely nothing to do with what the parent wants. It's all about the kids not wanting to wait any longer for their inheritance. Is it really such a big step to get to convincing oneself that the elderly parent doesn't need to be alive anymore?

Yesterday's edition  of the Toronto Star addressed this very issue in an article entitled "Assisted Suicide Opens the Door to Grave Abuses of the Elderly". Click here to read the article, which gives a good overview of the issue. While many seniors will automatically believe that this couldn't possibly happen to them, I have to remind them of the depressing fact that seniors are robbed, defrauded and physically abused by their closest relatives every day. None of those people thought it could happen either.

The illustration shown here was attached to the Toronto Star article cited, and is credited to Paul Lachine/Newsart.

Elders and Hurricane Sandy

I'm attaching a link to a story on a blog I like called www.TimeGoesBy.net. It talks about what it's really like for seniors when a disaster like Hurricane Sandy strikes their city. It also gives some wonderful suggestions about what the rest of us can do for the seniors in our lives to help protect them in times like that. Click here to read the article. The photo above appears in that article, and is credited to Andrew Burton/Getty Images.

You don't have to like what's in your parent's will

I wonder why people feel they have the right to decide what is "fair" in another person's will. Where does the sense of entitlement come from? The following note I received recently from a reader of this blog is typical of many I receive. It reveals an unhappiness with the terms of another person's will, and a willingness to jump in, question, judge and possibly force a change.

"My father (deceased) married the woman he had an affair with, and one of the executors (my brother) has claimed that all the grandchildren from both sides will inherit equally according to the will. Is this fair as the second wife has more children, who in turn have more children, and my father's blood grandchildren stand to get a very diluted inheritance, if any. Do they have any rights as beneficiaries and should I try to see the will for myself to review it?"

The father has every right to leave his money to anyone he decides and nobody has to like it. It's his money. His will. His choice. The father isn't obligated to leave any of his money to his "blood grandchildren" or even to his own children for that matter, so nobody should feel that they have the right to question his will on the basis that the blood grandchildren will receive less. If he wants to make an equal distribution among grandchildren, so be it.

The contents of the will appear to have come as a surprise to the reader, and I can guess why. If the father had told anyone that he was planning to benefit all grandchildren equally, he would have been under unwanted pressure to change the will. Pressuring someone to change a will to favour you or your children is elder financial abuse, no matter how you rationalize it.

This wouldn't appear to be a case of a son protecting a vulnerable older person against a recent friend who has coerced a senior into changing the will. I can certainly understand interference where it appears a senior is unwillingly being influenced by someone. In this case we are talking about a marriage and there is nothing to suggest it was a recent marriage. Also, the will is not particularly one-sided, as it sets out an equal share to everyone.

The reader's desire to see the will for himself (and presumably make a decision about the accuracy of the executor's statements regarding the grandchildren) is interesting, as the reader would appear not to be a lawyer or anyone else trained to interpret wills. If the father has passed away and the reader has not been given a copy of the will, I assume this is because the reader is not entitled to see the will. You don't get to see someone else's will just because you want to see it. The fact that the deceased is a parent doesn't entitle an adult child to see the will. If you're a residuary beneficiary, you'll get a copy. If not, you won't. Again, nobody has to like it, but that's the rule. 

I get the impression that the reader would like to read the will, make his own decision about who gets what, then attempt to force the executor to do things his way. This may also be why he was not named as an executor.

Where a parent has mental capacity to make a will, and takes all legal and moral obligations into consideration when making that will, the parent's wishes as expressed in the will should be respected.

Preventing financial abuse by power of attorney

The general public is gradually becoming aware that financial abuse of seniors is rampant, and growing. We'd like to think that it's as simple as guarding our parents from door-to-door scam artists, but it's not; much of the abuse happens at the hands of family members.

Front and centre in this whole debate is the Enduring Power of Attorney. While a useful tool for seniors, it can become the instrument of financial abuse in the hands of the wrong person. A pair of recent articles in www.advisor.ca address this situation. The article suggests that a trusted, long-term financial advisor can help prevent abuse of a senior by a family member mis-using a power of attorney. I tend to agree. It's an interesting read (and I don't just say that because I'm quoted in the articles!) so click on the links below if you'd like to check out the articles.

Click here for part I

Click here for part II

Reverse mortgages costing some seniors their homes

This story from the New York Times talks about seniors who have taken on reverse mortgages believing they could never lose their homes, but who have nevertheless lost their homes. The article gives some examples of how this has happened to people who didn't do anything wrong. It paints a pretty dim picture of some of the less reputable people selling reverse mortgages.

As with any financial arrangement, you have to have a thorough understanding of what you're getting into but it appears that many senior are signing up without that knowledge.

I recommend that anyone considering taking out a reverse mortgage, or who already has done so, should read this article. Although the article is American, the principles apply here in Canada as well. Click here to read the article.

How to convince your elderly parents they need care

The title of this post shouldn't surprise anyone. It isn't news that many seniors refuse all offers of care, whether the offer is to live with one of the kids, to move into long-term care or to find in-home caregivers. The reason for the refusal is that we're all human - some seniors don't want to admit their growing frailties; others think that accepting care is the start of the slippery slope to the grave. Some are worried about the cost, and there are still many who are terrified that they will be "warehoused", abused or forgotten.

So if your aging parent needs care and won't accept it, how do you persuade them to at least consider it? The attached article from www.over50web.net has some tips. Click here to read the article.

I spent quite a bit of time on this topic in my book called "Estate Planning Through Family Meetings (Without Breaking up the Family)". You might find that helpful as well. Click here to order a copy.

How seniors can fight identity theft

Identity theft is a concern for everyone, but unfortunately seniors are often targeted. The attached article from Investopedia gives some good tips for seniors to help protect against this type of invasion. Click here to read the article.

Dementia crash: teen's family pleads for law change

In the UK, an 89-year-old man drove the wrong way on a freeway, causing a collision that killed 19-year-old Charlotte Pitwell. It was later revealed that the man suffered from dementia. As a result of the accident, Ms. Pitwell's family is determined that the law must be changed to restrict older drivers.

Click here to read the story.

I admit that on the few occasions I have been driven somewhere by my 90-year-old uncle, I watch his driving carefully, looking for signs that he shouldn't be behind the wheel. He, however, doesn't have dementia. No doubt his reactions are slower than they used to be when he was flying with the RAF, but otherwise he still exhibits very safe driving.

Loss of a driver's license is a big deal to seniors. It's a loss of independence. It's a confirmation that life is being down-sized to accommodate aging. And let's face it, none of us likes to be told what we can and cannot do, especially by our children.

Should the law tell us when we should stop driving, or should that be something that is voluntarily regulated by each of us? Read this article and see what you think.

Caregivers can do much to help elderly manage their money

This article from the National Post talks about specific financial steps a person can take to help a senior they might be looking after. Although the article - which has great tips - doesn't talk about Power of Attorney, some of the ideas in the article might require the helper to have power of attorney, depending on how much help the senior needs. Check it out by clicking here.

Attached photo from Mario Tama/Getty Images.

Junior seniors helping senior seniors

What a great idea for a business! It employs younger seniors who still want to work, and helps older seniors who aren't ill but need help with daily life. Sounds like a win-win to me. Click here to read this story from the Financial Post.

Aging, Culture and the Brain - free seminar and webcast

I've received the following news bulletin from National Initiative for Care of the Elderly. Looks like a fantastic seminar.

AGING, CULTURE AND THE BRAIN - lunchtime seminar at the ILCA
the University of Toronto's Institute for Life Course and Aging is pleased to present
AGING, CULTURE AND THE BRAIN
Mark Lachmann, MD, MHSc (bioethics), FCFP, FRCP(C)
Fellow in Geriatric Psychiatry,
University of Toronto & Mount Sinai Hospital
Thursday, November 3, 2011
12:15 pm - 1:30 pm
An overview of how to approach advances in thinking about culture and neuroscience when working with elders and their families.
§
Mark is a fellow in geriatric psychiatry at Mount Sinai Hospital with the University of Toronto. He is currently presenting a seminar series, "Culture, aging, and the brain", with clinical work focusing on cross-cultural dementia and mental health care. He completed his psychiatry residency at the University of Toronto in June 2011. Prior to psychiatry he worked as a family physician for nine years in the Canadian North, the last two years of these as Chief of Staff at Baffin Regional Hospital in Iqaluit, Nunavut. Other training includes a Master's degree in bioethics from U of T, and a Care of the Elderly Fellowship year at Queen's University. Particular interests include polypharmacy, delirium, and the role of institutions in shaping behaviour.
Seminars are free, held at the Institute, 263 McCaul St., 4th Floor Classroom
Please RSVP to Nina Carlton 416 978-0377 as seating is limited
This seminar will be webcast and can be accessed at:
http://hosting2.epresence.tv/AGING
Nina Carlton
Institute for Life Course & Aging
University of Toronto
263 McCaul St., Room 328
Toronto, ON M5T 1W7
tel.: 416.978.0377
fax: 416.978.4771

National Initiative for the Care of the Elderly (NICE) Initiative nationale pour le soin des personnes âgées (INSPA)
263 College St., Room 328
Toronto, Ontario M5T 1W7 Canada
Phone: 416-978-0545 Fax: 416-978-4771
http://www.nicenet.ca/

Seniors hospital admittance emergency kit – What should you have ready?

This article from http://www.stillvital.com/ gives a comprehensive list of what you will need should a senior in your life be required to be admitted to the hospital. I notice that a health care directive is the first item on the list. This is why these documents need to be done early while the senior is still mentally healthy. Click here to read the full list.

Laughter good medicine for dementia patients: Study

Growing up in a family with several siblings, I remember dinner time with everyone gathered around the table as an occasion for teasing, "hi-jinx" and laughing at and with each other (and for getting into trouble when my Dad caught us throwing peas at each other, but that's a story for another day). According to this new study, continuing the tradition of having a good laugh on a regular basis into old age would be one way of keeping dementia away.

This is something we can all do with the seniors in our lives. It doesn't have to be expensive. Sure, you can take your favourite uncle out to hear a stand-up comedian, but you can also join your Mom to watch something silly on TV, or just spend some time reminiscing over past funny events.

Click on the link below to read the story from the Edmonton Journal.

Laughter good medicine for dementia patients: Study

Watch out for financial exploitation of the elderly

I found this article from http://www.rightathome.net/ interesting as it talks about the various people who have used both tried-and-true and innovative ways to steal money from the elderly. It relies on statistics from a new MetLife study, which are American figures but still relevant to us here in Canada. It talks about how and why financial advisors might be in a position to help defend the elderly against fraud. Click here to read the article.

Talking to your kids about a senior living transition

You thought all those serious, sit-down talks with the kids were over once they were grown, married and out of the house, didn't you? But there is one talk left to be held: the talk about where you want to live as a senior. This new post from Seniors For Living includes a video about how to have this essential talk with the kids. Click here to read the post and access the video.

When they won't spend the money

Do you know a senior who can afford care but won't spend money on it, to the detriment of their own health or safety? I've personally met several. In this story, Paula Span of the New York Times digs down to try to discover why some individuals refuse to spend the necessary money. Click here to read the story.

Senior with dementia attacks wife with hammer

Last week I spent some time working with an older couple (90 and 87 years old) who have no family or close friends nearby. The wife had a stroke and was taken to hospital. Around the same time, the husband caught pneumonia and was taken to a different hospital. Each of them had named the other as their health-care decision-maker as well as their financial power of attorney. With each of them out of commission, both of them were left with nobody to help them.

This lack of contact with other people is dangerous to older people. Sometimes it leads to the situation I've described above, or other less than ideal situations. For example, seniors might live in their homes with advanced dementia without the proper safeguards, which could be dangerous in a hundred ways. I was very saddened to read this article from the Vancouver Sun which says that an elderly man attacked his wife with a hammer, injuring her severely. They were both suffering from advanced dementia, blindness and deafness according to the article. The wife was taken to the hospital and the husband was taken into police custody.

Who knows what led to the attack. We may never know. All I know is that this poor woman should not have had to suffer this injury, and that an old, blind, deaf man with dementia isn't going to get what he needs in jail. I find the whole story very sad, particularly as I'm sure there are many, many other stories like this just waiting to happen.

Two older people with both physical and mental problems should not be living alone. I don't yet know enough about this case to know whether they have family members who could have stepped in, or whether they had other in-home supports. It's possible they do have family but stubbornly refused to accept help. Most of us know someone who shouldn't live alone but who is too stubborn, fearful or confused to accept the needed assistance.

What if they were alone in the world, as are my clients that I mentioned?  My clients had understood years ago that one of them was going to outlive the other, and had named the trust company where I work as the executor of their estates. When they both landed in hospital, they really didn't know where else to turn so they called us. We were able to visit both of them in hospital, pay their bills, pass messages between them and help them get on a waiting list for an assisted living facility. Not everyone thinks to do this or can afford it. And many just simply refuse to think about what could go wrong.

Each of us needs to be protective about the seniors in our lives and proactive in offering help. This includes understanding that it's dangerous and frightening for people with dementia, especially when that condition is aggravated by physical ailments, to live alone. This idea begs the qustion of whether it is acceptable to force help on older people who refuse it. I believe that sometimes it is ok, when it removes a senior from a dangerous situation.

What happens to CPP and OAS benefits after death?

Thanks to our friends over at http://www.allaboutestates.ca/ for this practical guide to the two government benefits received most often by Canadian seniors. The more "how-to" information out there for executors, the better! Click here to read the article.