Elder Abuse Lawyer in Edmonton
Elder abuse is a significant concern affecting many seniors aged 65 and older in Canada. It encompasses actions or inactions that harm or risk harm to older adults, particularly in trusted relationships.
Forms may include emotional, physical, and financial. This involves the illegal or unauthorized use of an elderly person’s assets or neglecting their basic needs like food and personal care.
Such abuses can have devastating consequences on the health and well-being of senior citizens. If you suspect abuse or are concerned about a loved one’s safety, don’t hesitate to seek help.
Sidhu Personal Injury Lawyers Edmonton is here to support you in navigating these complex elder law issues with care and professionalism. Rely on our elder abuse lawyer to protect your rights.
Overview of Elder Abuse
Seniors’ mistreatment can manifest as a single incident or a series of escalating actions over time, beginning with subtle behaviours that can lead to more overt forms of harm. While not all acts of ill-treatment constitute criminal offences, the impact on seniors can be profound.
Canadian Statistics
- According to a report, nearly 7,900 seniors in the Canadian population were victims of violent crimes. Of these cases, 35% were committed by a family member concerned, 35% by friends or acquaintances, and 29% by strangers.
- 41% of victimizations against senior women were by family members, compared to 23% for senior men.
- Most family-related violence against senior men was committed by their grown children, while senior women were often victimized by either a spouse or a grown child.
The most common form of family violence was common assault, making up 53% of the cases. Other types include:
Threats | 21% |
Major assaults (levels 2 and 3): | 13% |
Criminal harassment | 4% |
Other violent offences (e.g., sexual assault, robbery, extortion) | 9% |
Types of Elder Mistreatment
Physical Abuse
Physical abuse refers to any violent act that causes injury or discomfort. It can range from minor actions like slapping or shoving to severe beatings. Examples of physical abuse include:
- Pushing
- Hitting
- Rough handling
- Kicking
- Pinching
- Burning
- Biting
It also covers the medication abuse, physical restraints, and any form of physical punishment, which can lead to various injuries, such as:
- Bruises
- Cuts
- Fractures
- Sprains
- Dislocations
- Internal injuries
- Black eyes
Any intentional use of force against someone without their consent is considered assault under the Criminal Code.
Emotional Abuse
Intentionally causing mental harm to an elderly person. Emotional abuse can include yelling, swearing, and insulting or disrespecting them. It also involves behaviours that create fear or power over the older person, such as:
- Keeping them confined or isolated
- Verbal attacks and humiliation
- Treating them like a child
When a caregiver or family member makes the senior feel afraid or emotionally hurt, it’s considered psychological abuse.
Sexual Abuse
Any sexual behaviour towards an elderly person without their full consent. This includes:
- Sexual assault and harassment
- Unwanted contact like kissing or fondling
- Continuing sexual activity after someone asks to stop
An elderly person can be more vulnerable because it may be unclear if they can truly give consent. Factors like dementia, communication issues, or certain medications can affect their decision-making ability. Consent is valid only when there’s no pressure or threats involved.
Financial Abuse
Occurs when someone misuses an older adult’s money or belongings without their knowledge or consent. This can happen when the senior is unable to make decisions and their best interests are ignored.
Examples include:
- Using their money for unintended purposes
- Cashing checks without permission
- Forging signatures
- Buying items without informing them
- Blocking access to their own money or home
Financial exploitation is often linked to emotional manipulation, especially if it comes from family members. This type of misconduct is a crime, including fraud, theft, and forgery.
Neglect
Sometimes, older adults neglect their own needs, such as not eating, avoiding medical care, compulsively hoarding, or abusing substances. Family members often find it challenging to balance respecting an older adult’s independence with the need to intervene before self-neglect leads to serious harm.
Passive and Active Neglect
Occurs when a caregiver does not meet an older person’s physical, social, emotional, or personal care needs. The key difference is the caregiver’s intent:
- Active Neglect: The caregiver intentionally ignores their responsibilities. (Examples: Not providing food or water or preventing visits from family and friends.)
Passive Neglect: The caregiver unintentionally fails to meet the older person’s needs, often due to being overwhelmed or lacking knowledge. (Examples: Caregivers might not understand what the older person needs, struggle to adapt to changes in their abilities, or feel too stressed or tired to provide proper care.)
Filing Lawsuits
If you or a loved one has experienced mistreatment, our Edmonton injury lawyers can help navigate the legal process. Filing a lawsuit against those responsible can be a powerful way to seek justice and compensation for the harm done.
- Identifying Responsible Parties. The responsible parties might be the long-term care facility, a family member, a caregiver, etc. Failing to provide the duty of care can be grounds for lawsuits.
- Types of Claims. You can pursue various claims, such as negligence or intentional maltreatment. In many situations, a capacity assessment report may be necessary to establish your mental capacity and support your claims in civil court or criminal court.
- Gathering Evidence. This includes medical records, financial transactions, and witness statements. This evidence will be essential in proving that maltreatment occurred and demonstrating the extent of harm.
- The Legal Process. We’ll start by discussing your situation and evaluating the merits of your case. Then, we’ll file the lawsuit and represent your interests throughout the process.
Signs of Elder Maltreatment
Physical
- Look for unexplained injuries such as bruises, broken bones, or scratches.
- Increasing visits to the emergency room or doctor without clear explanations.
- Signs of restraint, like marks on wrists or ankles.
Mental or Emotional
- Noticeable changes in behaviour, such as withdrawal, anxiety, or fearfulness.
- Signs of depression, including a lack of interest in activities or social interactions.
- Verbal insults or threats from caregivers.
Financial or Material
- Unauthorized withdrawals from bank accounts or sudden changes in financial status.
- Missing possessions or valuables.
- Unpaid bills or lack of necessities despite having sufficient funds.
Other Indicators
- Isolation from friends and family, or lack of social interaction.
- Caregiver neglect, like not providing proper care or assistance.
- Signs of hoarding or unsafe living conditions indicate self-neglect.
Recognizing these signs is important for ensuring the safety and well-being of seniors. If you notice any of these indicators, it’s important to take action and seek help from your trusted person or consult Sidhu Personal Injury Lawyers Edmonton.
Report Elder Abuse and Seek Justice With Sidhu Edmonton Lawyers
These abuses are serious issues affecting many seniors, and recognizing the signs is crucial for ensuring their safety. If you suspect that you or a loved one has been a victim of mistreatment—whether physical, emotional, financial, or neglect—it’s essential to take action.
Our team at Sidhu Personal Injury Lawyers Edmonton is dedicated to protecting the rights of seniors and providing support through the legal process.
Don’t hesitate to reach out for assistance; together, we can make a difference. Contact Sidhu Personal Injury Lawyers Edmonton today to discuss your case and begin the journey toward justice.
Frequently Asked Questions
What are the differences in the forms and dynamics of elder mistreatment?
- Ill-treatment can begin with small actions, like limiting an older person’s choices or disrespecting them. Offenders might claim they are just trying to “care” for the person.
- Offenders often try to control their victims, which can lead to different types of maltreatment. Isolation from family and friends puts older adults at more risk.
- Offenders may rely on their victims emotionally or financially, making them more invested in keeping control.
Who usually maltreats senior citizens?
Ill-treatment frequently happens within the family, usually by adult children or grandchildren. However, it can also involve other relatives, friends, neighbours, paid or unpaid caregivers, landlords, financial advisors, or anyone in a position of power, trust, or authority. When an abusive act is committed by a spouse, it is referred to as domestic violence.
Where do most cases of elder mistreatment happen?
Mistreatment can take place in various environments, including senior living facilities. However, most Ill-treatment reports come from home settings, as the Department of Justice noted. Some common forms of mistreatment include abandonment.