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Seniors' Rights and Elder Abuse (No. 239)

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This script has legal information for seniors on financial help, elder abuse, and financial and medical affairs (this last section deals with wills, powers of attorney, mental incapacity, transferring a home to a child, and lending money to family members).
==Financial help for seniors==
Lots of financial help is available for seniors, including home care support and assisted living, free flu shots, discounted prescriptions, housing benefits like rent assistance, homeowner’s grants and deferred property taxes, and discounted bus passes. If you’re 60 or over, you should know about these benefits.
===What old age security and other income assistance can you get?=== *OAS: You may qualify for the Old Age Security Pension (OAS) if you’re a Canadian citizen or landed immigrant, 65 or older. The amount you get depends on how long you’ve lived in Canada. You have to apply for the OAS and other benefits at least 6 months before you are eligible—you don’t get them automatically. *Guaranteed Income Supplement: As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you have, the more of this supplement you can get. In addition, the Senior’s Supplement is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement or federal allowances. If your income level falls below a level that BC guarantees, the supplement makes up the difference. It is automatic if you qualify—you don’t need to apply. *Allowance: If you’re aged 60 to 64 and your spouse is a senior who is getting the OAS pension and Guaranteed Income Supplement, you might also qualify for an Allowance. The Allowance is extra money for couples who live on only one OAS pension. If your spouse dies and you’re between 60 and 64, you might be eligible to get the Allowance for the Survivor. *Welfare or income assistance: If you’re not eligible for the OAS or Guaranteed Income Supplement, but need money for food, housing, clothing and other basic needs, you may be eligible for welfare or income assistance. *CPP: A person who has worked and contributed to the Canada Pension Plan (CPP) and then retired can receive a pension from the Canadian government. This is an extra benefit, in addition to the OAS. CPP retirement benefits may begin as early as age 60. *SAFER: BC has the Shelter Aid for Elderly Renters Program (SAFER), which provides monthly cash payments to eligible BC residents who are 60 years or over and pay rent for their homes. *Other benefits: Other financial benefits may also be available—including employment insurance benefits if you continue working after age 65, VeteransAffairs Canada benefits, non-refundable tax credits, BC sales tax credits and others.
OAS: You may qualify for the Old Age Security Pension (OAS) if you’re a Canadian citizen or landed immigrant, 65 or older. The amount you get depends on how long you’ve lived in Canada. You have to apply for the OAS and other benefits at least 6 months before you are eligible—you don’t get them automatically.
Guaranteed Income Supplement: As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you have, the more of this supplement you can get. In addition, the Senior’s Supplement is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement or federal allowances. If your income level falls below a level that BC guarantees, the supplement makes up the difference. It is automatic if you qualify—you don’t need to apply.
Allowance: If you’re aged 60 to 64 and your spouse is a senior who is getting the OAS pension and Guaranteed Income Supplement, you might also qualify for an Allowance. The Allowance is extra money for couples who live on only one OAS pension. If your spouse dies and you’re between 60 and 64, you might be eligible to get the Allowance for the Survivor.
Welfare or income assistance: If you’re not eligible for the OAS or Guaranteed Income Supplement, but need money for food, housing, clothing and other basic needs, you may be eligible for welfare or income assistance.
CPP: A person who has worked and contributed to the Canada Pension Plan (CPP) and then retired can receive a pension from the Canadian government. This is an extra benefit, in addition to the OAS. CPP retirement benefits may begin as early as age 60.
SAFER: BC has the Shelter Aid for Elderly Renters Program (SAFER), which provides monthly cash payments to eligible BC residents who are 60 years or over and pay rent for their homes.
Other benefits: Other financial benefits may also be available—including employment insurance benefits if you continue working after age 65, Veterans Affairs Canada benefits, non-refundable tax credits, BC sales tax credits and others.
For more information on financial help for seniors, check:
*Income Assistance—for Seniors on the Service Canada website. Or phone Service Canada at 1.800.622.6232.*CanadaBenefits—the seniors section has a long list of programs and related links. They cover finances, housing, health, and personal safety.*The BC government seniors website or the Seniors Health Care Support Line - call 1.877.952.3181 or call the BC Ministry of Health at 1.800.465.4911.*The Bus Pass Program offers lower cost, annual bus passes for low-income seniors and people receiving disability assistance from British Columbia.*The Seniors page on the People’s Law School website. It has a lot of information including “When I’m 64”. It has a video and a set of booklets covering services, benefits, housing and other topics. ==Elder abuse==Elder abuse is surprisingly common—1 in 12 seniors in BC is abused. BC’s ''Adult Guardianship Act '' tries to protect adults from abuse, neglect and self-neglect. It defines abuse as deliberate mistreatment that causes physical, mental or emotional harm to the adult, or damage to, or loss of, their assets. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack of medication, censoring of mail, invasion of privacy and denial of access to visitors. The BC government website on [http://www2.gov.bc.ca/gov/topic.page?id=31E45F6D04A74FBF96C37540B2B4E483 protection from elder abuse and neglect ] has more information on the topic. ===Who can help if you are being mistreated (or if an older adult you know is mistreated)?===*Designated Agency: Contact a Designated Agency to report abuse or neglect of an adult. Designated agencies are the regional health authorities, theProvidence Health Care Society, and Community Living BC (for adults with developmental disabilities). Call the Health Information Line at 1.800.465.4911 and ask for your regional health authority. *Public Guardian and Trustee of BC: Contact this office to report abuse or neglect of an adult. Call 604.660.4444 in Vancouver. Elsewhere in BC, call Service BC at 1.800.663.7867 (toll-free) and ask to be transferred to this office. They have a list of who to call to help an adult get support and to report abuse or neglect. *Patient Care Quality Office: Each health authority must have a “patient care quality office” to handle complaints about the quality of patient care. Health authorities also have [http://www.patientcarequalityreviewboard.ca/makecomplaint.html patient care quality review boards] to review the treatment of complaints. These complaint offices and review boards operate under the Patient Care Quality Review Board Act. *Office of the Assisted Living Registrar (OALR): The OALR investigates complaints about the health and safety of assisted living residences. Call 250.952.1369 or 1.866.714.3378 (toll-free). *BC Centre for Elder Advocacy & Support: This agency provides education, support and advocacy for older adults. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC. *Seniors Health Care Support Line: If you are concerned with the care and service provided to you or a family member by a health authority, call the Seniors Health Care Support Line at 1.877.952.3181. The website also has links to many programs and services.
Who can *Protection from elder abuse and neglect explains where to get help if you are being mistreated (or if an older adult you know is mistreated)?.
Designated Agency: Contact a Designated Agency to report abuse or neglect of an adult. Designated agencies are the regional health authorities, the Providence Health Care Society, and Community Living BC (for adults with developmental disabilities). Call the Health Information Line at 1.800.465.4911 and ask for your regional health authority.Public Guardian and Trustee of BC: Contact this office to report abuse or neglect of an adult. Call 604.660.4444 in Vancouver. Elsewhere in BC, call Service BC at 1.800.663.7867 (toll-free) and ask to be transferred to this office. They have a list of who to call to help an adult get support and to report abuse or neglect.Patient Care Quality Office: Each health authority must have a “patient care quality office” to handle complaints about the quality of patient care. Health authorities also have patient care quality review boards to review the treatment of complaints. These complaint offices and review boards operate under the Patient Care Quality Review Board Act.Office of the Assisted Living Registrar (OALR): The OALR investigates complaints about the health and safety of assisted living residences. Call 250.952.1369 or 1.866.714.3378 (toll-free).BC Centre for Elder Advocacy & Support: This agency provides education, support and advocacy for older adults. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC.Seniors Health Care Support Line: If you are concerned with the care and service provided to you or a family member by a health authority, call the Seniors Health Care Support Line at 1.877.952.3181. The website also has links to many programs and services.Protection from elder abuse and neglect explains where to get help.===What happens if you report elder abuse?===
The designated agency must look into your report. An investigator must make reasonable efforts to interview the older adult involved (whether that’s you or someone else). If the problem can’t be solved informally, the designated agency may have several legal options, including preparing a support and assistance plan, notifying the PGT (if there is a concern of financial abuse) and applying for a restraining order to keep the suspected abuser away. The designated agency must involve the older adult, to the greatest extent possible, in decisions about how to seek support and assistance.
The Public Guardian and Trustee investigates reports of financial elder abuse when the older adult’s assets are at risk and the person is incapable of managing his or her financial affairs. In some situations, the PGT may take steps to become “committee” of the estate, so it can make financial decisions to protect the person’s assets (“committee” is discussed later in this script). If the PGT gets a report involving concerns about physical risk, it will refer the situation to a designated agency.
==Financial and medical affairs==
===Changing your will===
You can always change your will as long as you’re mentally competent. Actually, you should change your will whenever your financial or personal circumstances change, or if your beneficiaries change (for example, if a beneficiary dies).
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