OAKNet: Abuse of Older Adults

Tom's Story

Tom has moved in with his daughter and her family. Things have not gone smoothly. His son-in-law calls Tom stupid and lazy and threatens to get rid of him and take his money unless he shuts up. Tom does not feel safe around his son-in-law and he is afraid that he will lose his money.

The characters and events depicted in this scenario are entirely fictitious. Any similarity to actual persons, living or dead, is purely coincidental.

Is Tom being abused by his son-in-law?

What are some indicators of emotional or psychological abuse?

What does the law say about emotional or psychological abuse?

What can Tom do to prevent his son-in-law from taking his money now and in the future?

Is Tom being abused by his son-in-law?

Yes, Tom is being abused. His son-in-law is making threats and intimidating him and this is considered mental cruelty which is a form of emotional or psychological abuse. It is abuse, not bad behaviour on the son-in-law's part.

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What are some indicators of emotional or psychological abuse?

Indicators of psychological or emotional abuse:

becoming passive, withdrawn, agitated, anxious

depression

unusual weight gain or loss

unexplained paranoia

reluctance to talk openly

making inconsistent statements

appearing nervous around family members or trusted relations

waiting for caregiver to respond to questions

notable behavioural changes including avoiding eye contact

low self-esteem

difficulty sleeping or needing excessive sleep

making excuses for social isolation

feelings of hopelessness and helplessness

difficulty visiting, calling, or contacting an older person by other family or friends

NOTE: Some of these indicators may be present and the older adult is not being abused.

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What does the law say about emotional or psychological abuse?

The law does not fully address the issue of emotional or psychological abuse of adults in terms of making it criminal behaviour. Some criminal offences can be committed by making a threat to cause harm to someone, to someone close, or to his or her property.

Attempted assault is committed by attempting or threatening to apply force to someone if the person believes that the abuser has the ability to carry out the act.

The offence of harassment includes threatening behaviour where someone fears for her or his safety.

The law defines the offence of uttering threats as follows—

When someone knowingly utters, conveys, causes anyone to receive a threat:

to kill or physically harm someone

to burn, destroy, or damage property

to kill, poison, or injure an animal or bird belonging to the victim

Depending upon the circumstances of the threats made to Tom by his son-in-law, any or all of the above offences might apply.

Even though Tom is living in his son-in-law's house, he could apply for an emergency protection order under the Protection Against Family Violence Act. This means that his son-in-law would have to leave the property, at least for a while. This might give Tom some time to find another place to live, perhaps with the help of a social service agency.

...View information on Protection Against Family Violence Act

Tom probably does not want to lay criminal charges against his son-in-law. However, there may be times when a more passive approach does not work and he may have to become involved in the criminal justice system.

It may not be realistic to lay criminal charges while Tom is living in his daughter's home. Other agencies can assist Tom in this situation. Perhaps there is a shelter for seniors close by.

...View more information on Where to Get Help

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What can Tom do to prevent his son-in-law from taking his money now and in the future?

Tom should make sure that he does not give his son-in-law access to his bank accounts or credit cards. Tom should seek independent advice before signing anything that his son-in-law asks him to sign.

Tom could also look into getting three legal documents prepared for future decisions. These documents will explain how he wants his personal and financial matters handled if he becomes unable to make decisions, and how his property should be distributed when he dies.

The three important documents are:

For financial matters he will need an Enduring Power of Attorney - a legal document whereby Tom gives authority to another person or persons to act on his behalf in relation to his financial matters if he is no longer able to make a decision because of mental incapacity or infirmity or at a time indicated in the document.
...View more information on Enduring Power of Attorney

For health and other personal matters, he will need a Personal Directive - a legal document stating who can be appointed to make decisions about his health and other personal matters should he become no longer able to make such decisions.
...View more information on Personal Directives

For the distribution of his assets and property he will need a Will - a legal document stating how and by whom he wants his estate to be settled upon his death.
...View more information on Wills

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Have you read the other stories?

[ Eileen - Financial Abuse ]
[ Bill - Physical Abuse ]
[ Jenny - Planning for the Future ]

Do you want to know about other issues?

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