What is Elder Abuse and Neglect

What is Elder Abuse and Neglect

Abuse and neglect refer to mistreatment or inaction by people, often in a position of trust, that cause an older adult physical, emotional, psychological, financial, or sexual harm.

The Adult Guardianship Act (AGA) defines abuse as “the deliberate mistreatment of an adult that causes the adult physical, mental or emotional harm, or damage or loss related to their financial affairs. It includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors.”(1)

The AGA defines neglect as any failure to provide necessary care, assistance, guidance or attention to an adult that causes, or is reasonably likely to cause within a short period of time, serious physical, mental or emotional harm or substantial financial damage or loss.(2)

Under the AGA, self-neglect means any failure of an adult to take care of themselves that causes, or is reasonably likely to cause, serious physical harm, mental harm, or substantial financial damage or loss. Self-neglect could include living in extremely unsanitary or hazardous conditions, suffering from malnutrition or suffering from an untreated illness or injury.(3)

Long-term care(4) and assisted living(5) residences are required to ensure that residents are not subjected to abuse or neglect. The regulations define(6) abuse and neglect as:

Physical abuse – “means any physical force that is excessive for, or is inappropriate to, a situation involving a person in care and perpetrated by a person not in care;”

Emotional abuse – “any act, or lack of action, which may diminish the sense of dignity of a person in care, perpetrated by a person not in care, such as verbal harassment, yelling or confinement;”

Sexual abuse – any sexual behaviour directed towards a person in care and includes

(a)any sexual exploitation, whether consensual or not, by an employee of the licensee, or any other person in a position of trust, power or authority ... but does not include consenting sexual behaviour between adult persons in care;”

Financial abuse – “(a)the misuse of the funds and assets of a person in care by a person not in care, or (b)the obtaining of the property and funds of a person in care by a person not in care without the knowledge and full consent of the person in care or that person's parent or representative;”

Neglect – “the failure of a care provider to meet the needs of a person in care, including food, shelter, care or supervision;”

References

1. “Adult Guardianship Act,” RSBC 1996, c 6, s 1, online: <http://canlii.ca/t/84gj>.
2. “Adult Guardianship Act,” RSBC 1996, c 6, s 1, online: <http://canlii.ca/t/84gj>.
3. “Adult Guardianship Act,” RSBC 1996, c 6, s 1, online: <http://canlii.ca/t/84gj>.
4. “Residential Care Regulation,” BC Reg 96/2009, s 52(1), online: <http://canlii.ca/t/89ln>.
5. “Assisted Living Regulation,” BC Reg 189/2019, s 50, online: <http://canlii.ca/t/9lrn>.
6. “Residential Care Regulation,” BC Reg 96/2009, Schedule D, s 1, online: <http://canlii.ca/t/89ln>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Something which can be owned. See "chattels" and "real property."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."