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By Heather Campbell
Far too often, financial elder abuse victims and their advocates are told by police that the situation “is not a criminal matter. It’s civil.” Sometimes this may be true; frequently, however, the police response is wrong. Theft by a person holding a power of attorney (POA), for example, is identified as a criminal offence under s 331 of the Criminal Code (the Code).
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Présenté par Kate Martin et Donna Bailey (Credit Union Central of Canada)
Le 5 novembre 2015
13h-14h heure de l'Est
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Is elder abuse prevention and response a part of your practice?
Whether you are lawyer, notary, health care professional, social worker, financial planner, police officer, or other kind of practitioner—the Elder Law Conference offers programming to help you understand the dynamics of elder abuse and enhance your practice.
This year’s conference includes not only legal subjects, but also sessions that deal with policy and practice. Featured topics are:
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By Dr. Sander Hitzig
The National Initiative for the Care of the Elderly (NICE; www.nicenet.ca) is an international network of researchers, practitioners and students dedicated to improving the care of older adults, both in Canada and abroad. NICE works to addresses the core challenges of aging, including informal caregiving, financial literacy, dementia care, end-of-life issues, ethnicity and aging, dental care, mental health, the law and aging, and elder abuse. One way NICE works to accomplish this goal is through the development of paper and digital tools to help older adults and their families, practitioners and policy-makers learn what they can do to address these issues. In the area of elder abuse, there are tools available on how to define and screen for elder abuse (e.g., Defining and Measuring Elder Abuse [DMEA], Caregiving Abuse Screen [CASE], Elder Abuse Suspicion Index [EASI]), and what steps can be taken to address this serious social issue (e.g., Being Least Intrusive [BLI], IN HAND).
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By Heather Campbell
In Canada, there is no specific crime of “elder abuse” identified in the Criminal Code. Instead, crimes committed against older people must be prosecuted under other criminal provisions, such as failing to provide the necessaries of life (s. 215), manslaughter (s. 236), assault (s. 265), sexual assault (s. 271), unlawful confinement (s. 279), uttering threats (s. 264.1), theft (s. 334), theft by power of attorney (s. 331) and fraud (s. 380). This contrasts to the U.S. approach, where many states have criminal legislation that specifically define “elder abuse” as a crime.
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