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Seniors' Rights and Elder Abuse (view source)
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{{ | {{REVIEWEDPLS | reviewer = [http://www.bcheritagelaw.com/team/nicole-garton/ Nicole Garton] and [http://www.bcheritagelaw.com/team/elizabeth-markus/ Elizabeth Markus], Heritage Law|date= July 2018}} {{Dial-A-Law TOC|expanded = rights}} | ||
{{Dial-A-Law TOC|expanded = rights}} | |||
When 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. | When 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. | ||
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Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to live in the manner they wish and to accept or refuse support as long as they don’t harm others and they are capable of making decisions about those matters. Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs. | Under the [http://canlii.ca/t/84gj law in BC], all adults are entitled to live in the manner they wish and to accept or refuse support as long as they don’t harm others and they are capable of making decisions about those matters. Every adult is presumed to be capable of making decisions about their personal care, health care and financial affairs. | ||
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 person’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 ( | 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 person’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 (No. 428)|adults and consent to health care (no. 428)]] explains this more fully. | ||
==Common questions== | ==Common questions== | ||
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It’s a good idea to plan for the possibility you won’t be able to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a '''power of attorney'''. With an “enduring power of attorney” you can appoint another person to make financial and legal decisions for you. It continues — or endures — if you become mentally incapable. The person you appoint is called your attorney. | It’s a good idea to plan for the possibility you won’t be able to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a '''power of attorney'''. With an “enduring power of attorney” you can appoint another person to make financial and legal decisions for you. It continues — or endures — if you become mentally incapable. The person you appoint is called your attorney. | ||
To deal with personal care and health care decisions, you can make a '''representation agreement'''. With this document you can appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own. For more on these planning documents, see our information on [[ | To deal with personal care and health care decisions, you can make a '''representation agreement'''. With this document you can appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own. For more on these planning documents, see our information on [[Powers of Attorney and Representation Agreements (No. 180)|powers of attorney and representation agreements (no. 180)]]. | ||
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 on [[Adults and Consent to Health Care ( | 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 on [[Adults and Consent to Health Care (No. 428)|adults and consent to health care (no. 428))]] explains temporary substitute decision-makers and '''advance directives''', which are written instructions about health care wishes. | ||
===Should I transfer my home to my child so I can stay in it with them?=== | ===Should I transfer my home to my child so I can stay in it with them?=== | ||
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In most cases, it’s not a good idea to transfer your home to your child or to add their name to the title of your home. It opens up the risk that creditors and spouses could make claims against your home. And you could lose the capital gains tax exemption for your principal residence if a child’s name is on the title, but it’s not their principal residence. | In most cases, it’s not a good idea to transfer your home to your child or to add their name to the title of your home. It opens up the risk that creditors and spouses could make claims against your home. And you could lose the capital gains tax exemption for your principal residence if a child’s name is on the title, but it’s not their principal residence. | ||
So before you make such an arrangement, it’s best to get legal advice. See our information on [[Low Cost | So before you make such an arrangement, it’s best to get legal advice. See our information on [[Free and Low-Cost Legal Help (No. 430)|free and low-cost legal help (no. 430)]]. | ||
===How can I protect myself when lending money to family members?=== | ===How can I protect myself when lending money to family members?=== | ||
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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 (and their spouse) to sign a '''promissory note''' with the loan terms. | 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 (and their spouse) to sign a '''promissory note''' with the loan terms. | ||
If you guarantee a family member’s bank loan, 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 [[Co-Signing or Guaranteeing a Loan ( | If you guarantee a family member’s bank loan, 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 [[Co-Signing or Guaranteeing a Loan (No. 248)|co-signing or guaranteeing a loan (no. 248)]]. | ||
Before you lend money to a friend or family member, it’s best to get legal advice on the best way to protect your loan and your personal liability. | Before you lend money to a friend or family member, it’s best to get legal advice on the best way to protect your loan and your personal liability. | ||
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You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Until 2013 (when the law changed), when a person got married, the marriage automatically revoked or cancelled their existing will. Under the current law, that does not happen. | You should also review your will if you get married or divorced, or you separate, or you live in a marriage-like relationship for at least two years. Until 2013 (when the law changed), when a person got married, the marriage automatically revoked or cancelled their existing will. Under the current law, that does not happen. | ||
For more, see our information on [[ | For more, see our information on [[Preparing a Will and Estate Planning (No. 176)|preparing a will and estate planning (no. 176)]]. | ||
===Can I disinherit a family member?=== | ===Can I disinherit a family member?=== | ||
You can, but it may not work. In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances". | You can, but it may not work. In general, you are free to leave your estate to whomever you want. However, the law does require that you make adequate provision for the proper maintenance and support of your spouse and children. Your spouse or children can apply to court for a portion of the estate that is "adequate, just and equitable in the circumstances". | ||
For more, see our information on [[ | For more, see our information on [[Preparing a Will and Estate Planning (No. 176)|preparing a will and estate planning (no. 176)]]. | ||
==Get help== | ==Get help== | ||
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:Web: [http://www.trustee.bc.ca/ trustee.bc.ca] | :Web: [http://www.trustee.bc.ca/ trustee.bc.ca] | ||
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