Elder Abuse Law

How is elder abuse defined under WESA?

Elder abuse is an action, deliberate behaviour or failure to act, by a person in a position of trust—like an adult child, family member, friend or caregiver that causes or risks causing an older adult:

Physical, sexual or emotional harm; or damage to, or loss of property or assets.

If you or someone you know is in immediate danger, dial 9-1-1.

How can I prove assets have been wrongfully transferred?

Unfortunately, elder abuse for financial gain often occurs through the violation of a trusting family relationship through fraud, deceit, and mental and emotional manipulation. Sometimes a family member dips into the elderly victim’s bank accounts with an intention to pay it back and then never does and sometimes the theft is more blatant and sinister and part of a long term plan to transfer wealth by the fraudster for their own gain.

For example, family loans are often undocumented agreements, giving the abuser a convenient excuse to claim the loan was not a loan, but a gift. However, in BC Law, the legal presumption is that loans like these are advancements from older adult to adult child and are considered a loan rather than a gift. An adult child would have to prove the money was a gift. Should an older person give money to a minor child, the legal presumption is that the money was a gift, unless it can be proven it was a loan.

Before you or your elder loved one 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. The elder abuse expert lawyers of Herr Law Group Litigation are ready to assist you and take action to hold the abusers accountable for their actions.

Are there forms of elder abuse other than financial?

Elder abuse can take various forms such as physical, psychological, medication and sexual. It can also be the result of intentional or unintentional neglect. Sadly, it is common that more than one type of abuse is occurring at the same time.

If you or someone you know is in immediate danger, dial 9-1-1.

VictimLink BC is a toll-free, confidential, telephone service available 24/7. They provide information and referral services to all victims of crime and immediate crisis support to victims of family and sexual violence. You can contact them at 1-800-563-0808 or victimlinkbc.ca.

If a victim is being abused in an assisted living facility, the Assisted Living Registrar should be informed immediately. The Assisted Living Registrar has a mandate to protect the health and safety of assisted living residents and are just a toll-free phone call away: 1-866-714-3378

How can I protect a loved one from predatory marriage or from being taken advantage of financially?

The starting point for understanding the test for capacity to marry is the notion that a marriage is a contract. Similar to entering into any other type of contract, the contracting parties must possess the requisite legal capacity to enter the contract. If you have concerns that a loved one isn’t able to understand the consequences of their new relationship or suspect less than pure motives on the part of a new beau, then call our lawyers experienced in predatory marriages right away to find out how to protect your loved one from financial loss.

Our elder abuse lawyers warn that ensuring someone trustworthy is placed in charge of the person and estate of a senior with diminishing capacity is crucial. Maintaining frequent contact with a potential elderly victim and talking to them weekly if not daily about any concerns over financial and physical safety is important.

If you have concerns that a loved one isn’t able to understand the consequences of their new relationship or suspect less than pure motives on the part of a new beau, then call our lawyers experienced in predatory marriages right away to find out how to protect your loved one from financial loss.

Our BC elder abuse lawyers will commence BC court action promptly to appoint people the elder can trust with their money and to track, freeze and recover missing income and assets. Most importantly, our elder abuse lawyers will help you stop the theft of a loved one’s precious financial resources and help them recover income and assets that have been wrongfully obtained so they can live the life they worked so hard to maintain.