This script has legal information for seniors on financial helpWhen someone in a trusted relationship with an older person does something that harms or distresses them, this is '''elder abuse'''. Learn what options exist if you suspect 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 help, homeowner’s grants and deferred property taxes, and discounted bus passes. If you’re 60 or over, you should know about these benefits.Understand your legal rights==

==What old age security =You have the right to live in the manner you wish and other income assistance can you get?free of elder abuse===Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to live in the manner they wish as long as they don’t harm others and they are capable of making decisions.

*Older adults, like everyone, have the right to live in safety and security. When someone in a relationship of trust with an older person does something that causes them harm or distress, this is called '''[https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security.html OAS]elder abuse''': 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. If you don’t receive a letter from Service Canada soon after you turn 64, you will have to apply for OAS. Do that as soon as you can to avoid losing any payments.

*Elder abuse takes many forms. It can be '''[https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security/guaranteed-income-supplement.html Guaranteed Income Supplement]physical abuse''': As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you haveincluding striking or pushing an older adult, the more of this supplement you can get. In addition, the [http://www2.gov.bc.ca/gov/content/familyover-socialor under-supports/seniors/financial-legal-matters/income-security-programs/seniors-supplement Senior’s Supplement] is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement medicating them, 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 applyinappropriately restraining them.

*It can be '''[http://www.servicecanada.gc.ca/eng/services/pensions/oas/allowance.shtml Allowance]psychological abuse''': If you’re aged 60 to 64 and your spouse is that decreases their sense of self-worth or dignity. This includes insulting or humiliating an older adult, intimidating or threatening them, treating them like a senior who is getting the OAS pension and Guaranteed Income Supplementchild, 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 64invading their privacy, you might be eligible to get the Allowance for the Survivoror isolating them from friends or activities.

*It can be '''financial abuse'''[http://www.eia.gov.bc.ca/bcea.htm Welfare This can involve misusing or income assistance]''stealing an older adult': If you’re not eligible for the OAS s assets or Guaranteed Income Supplement, but need money for food, housing, clothing and other basic needspressuring them to change a will or sign legal documents they don’t fully understand, you may be eligible for welfare or income assistancesharing their home without paying a fair share of the expenses when asked.

*It can take the form of '''[https://www.canada.ca/en/services/benefits/publicpensions/cpp.html CPP]neglect''': 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 a lack of action that harms an extra benefitolder person, such as not providing appropriate food or shelter, medical attention, in addition to or assistance with basic necessities.Often, more than one type of abuse occurs at the OASsame time. CPP retirement benefits may begin as early as age 60Abuse can be a single incident or a repeated pattern of behaviour.

*===If an older adult is being abused=== If you or someone you know is in immediate danger, '''[http://www.bchousing.org/Initiatives/Providing/SAFER SAFER]dial 9-1-1''': BC has or call the emergency number listed in 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 homesfront of your phone book.

*Other benefits: Other financial benefits may also be available—including [http://www2In non-emergency situations, there are many organizations that can help abused or neglected older adults or their friends and family get help and protection.gov.bc.ca/gov/topicThe '''BC Association of Community Response Networks''' are people working on a local level to help coordinate community response to elder abuse.page?id=FF2B581F15564F43AB4FF487FF509193 employment insurance benefits] if you continue working after age 65, Their website at [http://www.veterans.gc.ca/eng/services/resources/benefits Veterans Affairs Canada benefits], [https://www.canadabccrns.ca/en/financial-consumer-agency/services/financial-toolkit/taxes/taxes-3/7.html refundable and non-refundable tax credits], [http://www2.gov.bcbccrns.ca/gov/topic.page?id=CFFAE6C0FF6E40818B00C2413B3B9ACC BC sales tax credits] features a way to search for contacts and otherssupports in your community.

For more '''VictimLink BC''' is a toll-free, confidential, telephone service available 24x7. They provide information on financial help for seniors, checkand referral services to all victims of crime and immediate crisis support to victims of family and sexual violence. You can contact them at 1-800-563-0808 or [http://victimlinkbc.ca victimlinkbc.ca].

*'''[https://www.canada.ca/en/services/benefits/publicpensions.html Public pensions]''' ====If the adult can’t seek help on the Service Canada website. Or phone Service Canada at 1.800.622.6232.*'''[http://www.canadabenefits.gc.ca/f.1.2ch.4m.2@.jsp?langtheir own====eng CanadaBenefits]'''—the seniors section has a long list of programs and related links. They cover finances, housing, health, and personal safety.*The '''[http://www.seniorsbc.ca/ BC government seniors website]''' or the '''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]'''—call 1.877.952.3181 or call the BC Ministry of Health at 1.800.465.4911..*The '''[http://www.sd.gov.bc.ca/programs/bus-pass.html Bus Pass Program]''' offers lower cost, annual bus passes for low-income seniors and people receiving disability assistance from British Columbia.*The '''[http://www.publiclegaled.bc.ca/category/people-focused/seniors/ Publications page]''' An older adult who is struggling to manage on the People’s Law School website. It has a lot of information including guides in a series called, “'''When I’m 64'''”. It has a video and a set of booklets covering services, benefits, planning for the future, and other topicstheir own is particularly vulnerable to abuse.

=Elder abuse=Elder abuse is surprisingly common—1 in 12 seniors in BC is If you have concerns about the health and safety of an adult, or suspect they are being abused. BC’s or neglected, you may make a confidential report to a “'''designated agency'Adult Guardianship Act'' tries to protect adults from abuse”. The designated agencies in BC are the five regional health authorities, Providence Health Care, neglect and self-neglectCommunity Living BC (for adults with developmental disabilities). It defines abuse as deliberate mistreatment that causes physicalIf a designated agency receives a report, mental or emotional harm it will investigate and offer support and assistance to the adult, or damage take steps to, or loss of, their assetsprotect the adult. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack The Public Guardian and Trustee of medicationBC, censoring of maila public office that provides services to vulnerable people in the province, invasion of privacy and denial has a list of access numbers to visitors. The BC government call for designated agencies in communities across the province on its website on at [http://www2www.govtrustee.bc.ca/govDocuments/designated-agency-responders/topicDA%20responders%20list%20revised%20July%2016%2009.page?id=31E45F6D04A74FBF96C37540B2B4E483 protection from elder abuse and neglectpdf trustee.bc.ca] has more information on the topic.

==Who You can also seek help if you are being mistreated (or if an older adult you know is mistreated)?==*from the '''Designated AgencyPublic Guardian and Trustee''': Contact if you have concerns about the financial and legal affairs of a Designated Agency to report abuse or neglect of an vulnerable adult. Designated agencies are the regional health authorities, the Providence Health Care Society, and Community Living BC (for adults with developmental disabilitiesexample, you suspect there is financial abuse). Call You can make a report to the Health Information Line Public Guardian and Trustee through its website at 1[http://www.trustee.bc.800ca/services/services-to-adults/Pages/assessment-and-investigation-services.465aspx trustee.bc.ca] or call 604-660-4444.4911 They can help identify options, and ask for your regional health authorityinvestigate if there is an urgent need.

*====If the adult is in assisted living====The '''[http://www.trustee.bc.ca/services/services-to-adults/Pages/abuse-neglect.aspx Public Guardian and Trustee of BC]Assisted Living Registrar''': Contact this office has a mandate to report abuse or neglect protect the health and safety of an adultassisted living residents. Call 604.660.4444 If you are concerned about the health and safety of someone living in Vancouver. Elsewhere in BCan assisted living residence, call Service BC at 1.800.663.7867 (you can contact the Registrar by calling 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 neglect1-866-714-3378.

*'''Patient Care Quality Office''': Each health authority ===If you report elder abuse===If you report elder abuse to a designated agency, they must have a “patient care quality office” to handle complaints about the quality of patient careconsider your report. Health authorities also have [http://www.patientcarequalityreviewboard.ca/makecomplaint.html patient care quality review boards] An investigator must make reasonable efforts to review the treatment of complaints. These complaint offices and review boards operate under interview the ''Patient Care Quality Review Board Act''older adult involved (whether that’s you or someone else).

*'''[http://www2.gov.bc.ca/gov/content/health/accessing-health-care/assisted-living-registrar The Assisted Living Registrar]''': The Registrar’s mandate is to protect the health and safety of assisted living residents. Assisted living registry staff [http://www2.gov.bc.ca/gov/content/health/accessing-health-care/finding-assisted-living-or-residential-care/assisted-living-residences/making-a-complaint-about-an-assisted-living-residence investigate complaints] related to the health and safety of persons living in assisted living residences. Call 250.952.1369 or 1.866.714.3378 (toll-free). *'''[http://seniorsfirstbc.ca/ Seniors First BC]''' (previously called 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.  *'''[http://www.seniorsadvocatebc.ca/ Office of the Seniors Advocate]''': If you are concerned with the care and service provided to you or a family member by a health authority, call Office of the Seniors Advocate at 1.877.952.3181. The website also has links to many programs and services. * The BC government site called '''[http://www2.gov.bc.ca/gov/topic.page?id=31E45F6D04A74FBF96C37540B2B4E483 Protection from elder abuse and neglect]''' explains where to get help.  ==What happens if you report elder abuse?==The designated agency must consider 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 suggest options, including preparing a support and assistance plan, notifying the Public Guardian and Trustee (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.

====Where there is financial abuse====The PGT 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 their financial affairs. In some situations, the PGT Public Guardian and Trustee may take steps to become “committee” '''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 Public Guardian and Trustee gets a report involving concerns about physical risk, it will refer the situation to a designated agency.

=Financial and medical affairs==If you are concerned with the response to a report of abuse===If you are concerned about the response offered by a designated agency to a report of abuse, you have options.

==Changing your will==If you reported the abuse to a health authority, you can complain to the health authority’s '''Patient Care Quality Office'''. Each health authority has one. You can always change your will as long as make a complaint online at [https://www.patientcarequalityreviewboard.ca/makecomplaint.html patientcarequalityreviewboard.ca]. If you’re mentally competent. Actually, you should change your will whenever still not satisfied with how your financial complaint was handled or personal circumstances changewith the response you received, or if your beneficiaries change (for exampleyou can request that a Patient Care Quality Review Board look into the matter. Again, if a beneficiary dies)each health authority [https://www.patientcarequalityreviewboard.ca/requestreview.html has one].

You should also review your will Another option if you get married or divorced, are concerned with the care or service provided to you separate, or you live in a marriage-like relationship for at least 2 years. Under the former law, when family member by a person got marriedhealth authority, is you can contact the marriage automatically revoked or cancelled their existing will. Under '''Office of the new Seniors Advocate'''law. The Seniors Advocate monitors seniors’ services and issues in BC, the Wills, Estates and Succession Act'' (the Act) that does not happenmakes recommendations to government and service providers to address systemic issues. You can call 1-877-952-3181 or visit their website at [http://www.seniorsadvocatebc.ca/ seniorsadvocatebc.ca].

A gift ===Making decisions about your life and your health care=== Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to a spouse live in the manner they wish and the appointment of a spouse to accept or refuse support as long as an executor they don’t harm others and they are revoked if a person stops being a will-maker’s spouse after a will capable of making decisions about those matters. Every adult is made. When do people stop being spouses? Married people presumed to be capable of making decisions about their personal care, health care and people who have lived in marriage-like relationship for at least 2 years stop being spouses under the Act when they separatefinancial affairs.

You should always see The law presumes all adults are capable of giving, refusing, or revoking their consent to health care, unless it’s clear they are not capable of making those decisions. If a doctor questions a lawyer when making or changing your willperson’s mental capability, the doctor can require the person to have a capacity assessment performed by a medical expert. Our information on [[Adults and Consent to Health Care (Script 428)|adults and consent to health care (no. 428)]] explains this more fully.

==Can you disinherit a family member?Common questions==Yes, but the ''Wills, Estates and Succession Act'' lets a court change a will that doesn’t adequately provide for the maintenance and support of the deceased person’s spouse or children. So a court can change your will after you die if it decides that you’ve been unfair or unreasonable toward a spouse or child. However, by consulting a lawyer for estate planning, you may be able to give away your estate in other ways that don’t involve a will. For example, in some cases, an alter ego trust or a joint partner trust may let you avoid probate fees and the effect of the Act.

===How can I prepare for the possibility of becoming incapable of making my own decisions?===It’s a good idea to plan for the possibility you won’t be able to make your own decisions. For more information example, to deal with decisions on wills your legal and estate planningfinancial affairs, check scripts [[Making you can make a Will '''power of attorney'''. With an “enduring power of attorney” you can appoint another person to make financial and Estate Planning (Script 176)|176]] to [[legal decisions for you. It continues — or endures — if you become mentally incapable. The Disappointed Beneficiary (Script 179)|179]]person you appoint is called your attorney.

==What is a power of attorney? What is an enduring power of attorney?==A power of attorney is To deal with personal care and health care decisions, you can make a '''representation agreement'''. With this document that appoints another personyou can appoint someone, called an “attorneya representative,” to make financial and legal decisions for help you. An enduring power of attorney lets your attorney make the necessary financial and legal decisions for you if you become mentally incapable because of age, accident or illness. But these documents can’t deal with to make, personal and health care decisions. And if you want cannot make these decisions on your attorney to deal with real estateown. For more on these planning documents, then you need the proper ''Land Title Act'' format. There are restrictions see our information on who can be your attorney [[Power of Attorney and Representation Agreements (for example, caregivers are not eligibleScript 180), and formal procedures must be followed for signing a power |powers of attorneyand representation agreements (no. A lawyer can help you with this180)]].

For more If you do not have a representative, and someone needs to make a health care decision for you, a '''temporary substitute decision-maker''' may need to be appointed. Our information, check script on [[Power of Attorney Adults and Representation Agreements Consent to Health Care (Script 180428)|180adults and consent to health care (no. 428))]] on “Power of Attorney explains temporary substitute decision-makers and Representation Agreements”'''advance directives''', which are written instructions about health care wishes.

==Can you make your own decisions about your healthcare and where =Should I transfer my home to livemy child so I can stay in it with them?===All adults have the right to live as It depends. As people age, they wish and often need help with their daily needs, but may not want to accept or refuse support or assistance, as long as they’re capable leave the comfort of making these decisions and don’t harm otherstheir own homes. BC’s ''Health Care (Consent) Sometimes, family members or friends will suggest they move into your home and Care Facility (Admission) Act'' also confirms the right of all adults over 18 have you transfer your home to make them in exchange for their own medical and health care decisionslooking after you. This can be a good way to get the help you need, while letting the younger family member or friend get a home.

==What if you become mentally incapable of making But this arrangement can cause misunderstandings and trouble. As your health changes and your own decisions?==It’s a good idea to plan for when you needs increase, the family member or friend may not be unable able to make your give you the care you need, without significantly changing their own decisionslives. For example, they may have to deal quit their job and stay at home with decisions on your legal and financial affairs, you can make a power of attorneyto care for you. To deal with health and personal decisions, you can make a “representation agreementBut they may not be willing to do that.” In thisAt that point, you appoint someone you trust may need to handle sell your personal home to pay for health care and health decisions if you’re unable to make your own decisionsassisted living help.

If you don’t make In most cases, it’s not a representation agreement, the BC ''Health Care (Consent) and Care Facility (Admission) Act'' says that, if you are mentally disabled, first good idea to transfer your spouse, then home to your adult children, then child or to add their name to the title of your nearest relative home. It opens up the risk that creditors and then spouses could make claims against your close friend will make these decisions home. And you could lose the capital gains tax exemption for youyour principal residence if a child’s name is on the title, but it’s not their principal residence.

But what happens if So before you become mentally incapable and you haven’t named anyone to make decisions for yousuch an arrangement, and you don’t have a spouse, children, relative or close friend? The BC Supreme Court can appoint someone it’s best to make decisions for youget legal advice. That person has to apply to the court under the ''Patients Property Act'' to be your “committee.” Often a close friend or relative will apply to be committee. If none of these people apply, See our information on [[Low Cost and instead, the Public Guardian Free Legal Services (Script 430)|free and Trustee of BC applies low-cost legal help (and it usually will in this caseno. 430), the court can appoint the PGT as committee. Your estate must pay a fee to the PGT for its service]].

For more information in this area===How can I protect myself when lending money to family members?===Older people often help their children or grandchildren by lending them money, check co-signing a bank loan, or giving a personal guarantee. You could lose a lot of money if you don’t protect yourself by understanding the following 2 scripts:transaction and getting proper documents signed.

*[[Power of Attorney and Representation Agreements If you lend money to finance a home purchase, make sure you register a '''mortgage''' on the home to secure your interest. If you don’t want to do that, you should at least get the borrower (Script 180)|180]] on “Power of Attorney and Representation Agreements”*[[Committeeship (Script 426their spouse)|426]] on “Committeeship”to sign a '''promissory note''' with the loan terms.

AlsoIf you guarantee a family member’s bank loan, check you are promising to pay the bank in full if the borrower doesn’t repay the loan. You’re responsible for the full amount of the loan, and the bank can come after you for it. Make sure any guarantee you sign is for a specific amount. See our information on [[http://wwwCo-Signing or Guaranteeing a Loan (Script 248)|co-signing or guaranteeing a loan (no.nidus.ca/ Nidus Personal Planning Resource Centre and Registry248)]].

==Should Before you transfer your home lend money to your child so you can stay in it with them?==It depends. As people age, they often need help with their daily needsa friend or family member, but may not want it’s best to leave get legal advice on the comfort of their own homes. Sometimes, family members or friends will suggest that they move into best way to protect your home loan and have you transfer your home to them in exchange for their looking after you. This can often be a good way to get the help you need, while letting the younger family member or friend get a homepersonal liability.

But this arrangement ===Can I change my will if my circumstances change?===You can cause misunderstandings and troublealways change your will as long as you’re mentally capable. As Actually, you ''should'' change your health changes and will whenever your needs increasefinancial or personal circumstances change, the family member or friend may not be able to give you the care you need, without significantly changing their own lives. For if your beneficiaries change (for example, they may have to quit their job and stay at home with you to care for you. But they may not be willing to do that. At that point, you may need to sell your home to pay for health care and assisted living helpif a beneficiary dies).

In most casesYou should also review your will if you get married or divorced, or you separate, it’s not or you live in a marriage-like relationship for at least two years. Until 2013 (when the law changed), when a good idea to transfer your home to your child person got married, the marriage automatically revoked or to add cancelled their name to the title of your home because creditors and spouses could make claims against your homeexisting will. And you could lose Under the capital gains tax exemption for your principal residence if a child’s name is on the titlecurrent law, but it’s that does not their principal residencehappen.

So before you make any such an arrangementFor more, see our information on [[Making a lawyer experienced in this area to protect your rightsWill and Estate Planning (Script 176)|preparing a will and estate planning (no. 176)]].

==How should you protect yourself when lending money to Can I disinherit a family membersmember?==Older people often help their children or grandchildren by lending them moneyYou can, co-signing a bank loanbut it may not work. In general, or giving a personal guaranteeyou are free to leave your estate to whomever you want. But However, the law does require that you could lose make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a lot portion of money if you don’t protect yourself by understanding the transaction estate that is "adequate, just and getting proper documents signedequitable in the circumstances".

If you lend money to finance a house purchaseFor more, make sure you register see our information on [[Making a mortgage on the home to secure your interest. If you don’t want to do that, you should at least get the borrower Will and Estate Planning (Script 176)|preparing a will and their spouseestate planning (no. 176) to sign a promissory note with the loan terms]].

Before you lend money ===With elder abuse===The '''Seniors Abuse and Information Line''' (SAIL) is a safe, confidential place for older adults and those who care about them to a friend talk to someone about situations where they feel they are being abused or family membermistreated. This service is operated by Seniors First BC, make sure you see a lawyer for advice on non-profit that helps seniors with legal problems.:Telephone: 604-437-1940 in the best way to protect your loan and your personal liabilityLower Mainland:Toll-free: 1-866-437-1940 :Web: [http://seniorsfirstbc.ca/programs/sail/ seniorsfirstbc.ca]

For more '''VictimLink BC''' is a toll-free, confidential, telephone service available 24x7. They provide information, check script [[Coand referral services to all victims of crime. :Toll-free: 1-800-Signing or Guaranteeing a Loan (Script 248)|248]] on “Co563-Signing or Guaranteeing a Loan”0808 :Web: [http://victimlinkbc.ca victimlinkbc.ca]

==Credit cards and bankcards==If you apply for The '''BC Association of Community''' Response Networks are people working on a credit card and agree local level to have an extra credit card issued help coordinate community response to your spouse or child, you’re responsible for all purchases that person makes with the cardelder abuse. :Web: [http://www.bccrns. If you let someone else use your credit or bankcard, you’re responsible for paying this off tooca bccrns.ca]

For more informationThe '''Public Guardian and Trustee of BC''', check script [[Buying Goods on Credita public office that provides services to vulnerable people in the province, Credit Cards and Credit Bureaus (Script 246)|246]] on “Buying Goods includes information on Credit, Credit Cards its website about elder abuse and Credit Bureaus”adult guardianship.:Telephone: 604-660-4444 in Vancouver :Toll-free: 1-800-663-7867 :Web: [http://www.trustee.bc.ca/ trustee.bc.ca]

'''The above was last edited reviewed for legal accuracy by John Blois[http://www.bcheritagelaw.com/team/nicole-garton/ Nicole Garton] and [http://www.bcheritagelaw.com/team/elizabeth-markus/ Elizabeth Markus], Heritage Law.'''