Changing demographics render the law as it affects older individuals increasingly important. Older individuals can also be particularly prone to legal abuses.
Elder abuse, or the abuse of older adults, is often defined as any act or omission that harms a senior or jeopardizes his or her health or welfare.
The World Health Organization defines abuse of older adults as "a single or repeated act, or lack of appropriate action, occurring in any relationship where there is an expectation of trust that causes harm or distress to an older person".
Elder abuse can take place in the home, in other residential settings, or in the community. Elder abuse can be defined in different ways and can cover an infinite number of situations. Any act that harms or threatens to harm the health or welfare of an elderly person is abuse, which can take on many forms, physical, psychological and financial. Elder abuse is a form of neglect. It is estimated that between four and ten per cent of Ontario's seniors experience some type of abuse.
Elder law and abuse involves many far reaching practice areas and not just Estates Trusts and Capacity litigation. Lawyers work with the elderly in many practice areas and bring expertise accordingly in the appropriate area of law.
This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation Partners.Link to Practice Areas list