Published by the British Columbia Centre for Elder Advocacy and Support

A

Shared

Concern

Spring 2008, Volume 15, #2

BC Centre for Elder Advocacy and Support

A Shared ConcernMay 2008 Vol. 15, #2

•Gillean Chase, Editor

Les Gallus, Design•

Joan Braun, Executive DirectorChristiane Schmidt, Administrative Assistant

Dr. Nasser Amiri, Legal AdvocateTeresa Sung, Bookkeeper

•Board of Directors:

Bill Summersgill, PresidentPearl McKenzie, First Vice-President

Sherry Baker, TreasurerPenny Bain, Secretary-commencing 2008

Carol Ward-Hall, Past PresidentEva Busich-Veloso

Edie CoplandPat Kelln

Brian KirkbrideJune Laker

Valerie RaoulLeah Sandhu

Joyce Schmalz (honorary lifetime director)Kamilla Singh

Bikkar Singh LalliGeoffrey White

Don Winch•

Phone: (604) 437-1940Fax: (604) 437-1929

Toll free: 1-866-437-1940e-mail: ceas@telus.net

www.bcceas.ca.411 Dunsmuir Street, Vancouver,

B.C. V6B 1X4•

A Shared Concern

- 2 -

Inside this issue

President’s message . . . . . . . . . . . . .3

Legal advocacy program . . . . . . . . .3

Executive director’s update . . . . . . .4

Elder law clinic at BC CEAS . . . . . . .6

ACE Ontario . . . . . . . . . . . . . . . . . .8

Some reflections on dying . . . . . . .10Money matters for seniors video . .15

Victims services manual . . . . . . . .16

Members and donations . . . . . . . .18

Education kit order form . . . . . . . .19

ABCs of Fraud® . . . . . . . . . . . . . .20

The cover depicts aSpring scene by theJapanese artist HasuiKawasi.

This type of printwas called a shin hanga,a 20th century version ofthe woodblock print.

This style becamevery popular fromaround 1915 to 1942. Ithad some Westernelements such as theeffects of light used byEuropean Impressionistpainters.

"Spring Evening at Kintaikyo Bridge"Hasui Kawase (1883-1957)

New staff

Shamira Khamani - TemporaryReceptionist/Administrative AssistantKaren Slaughter-summer law studentKari Schroeder-summer law student

is published quarterly by the BC Centre for ElderAdvocacy and Support, formerly the BC Coalitionto Eliminate Abuse of Seniors. Materials appearingin this newsletter do not necessarily representthe views of the Editor or of BC CEAS.

Next deadline for submissions: July 15, 2008

President’s message

service and BC CEAS’sABCs of Fraud Program),the Board reaffirmed ourl o n g - s t a n d i n gorganizational vision andvalues, along with thepromise that we will notlose sight of our publiceducation and advocacyroles that have guided ussince our beginnings.

This is an exciting time for BC CEAS. I wouldlike to take this opportunity to thank all of our Boardand staff for the hard work and dedication they havedisplayed to make these changes viable and effective,while ensuring that we preserve the functions thathave made BC CEAS a leader in the seniors abusefield since its inception. There is still a lot of hard workahead of us over the next six months, but the end resultshould be more than worth it.

Bill Summersgill is the president of the BC Centre forElder Advocacy and Support (formerly known as the BCCoalition to Eliminate Abuse of Seniors).

by Bill Summersgill

On March 1st, the Board met for a secondstrategic planning day to discuss futuredirections for the organization in light of oursoon to be operational legal clinic. At the end

of the planning session we had a Board meeting, atwhich we agreed that the name of BC CEAS would bechanged to the BC Centre for Elder Advocacy andSupport, a name more reflective of our new and expandedrole. However, to preserve name recognition andcontinuity, we will keep our well-known acronym BCCEAS. Along with the name change, the Board agreed thatwe would make some slight changes to our governancemodel to include a Strategy Committee, to provideguidance in the set up and operation of the legal clinicduring its start-up phase. Pearl McKenzie will chair thiscommittee, which will include the Executive members.The Board also agreed to the establishment of an externalStrategic Advisory Group of Experts Committee (theSAGE committee), which will provide BC CEAS adviceand direction in the operation of the Legal Clinic.

While the new Legal Clinic will be in the forefront ofBC CEAS’s operations for the next few years (of coursealong with Dr. Amiri’s legal advocacy and information

The Law Foundat ion o f Br i t i shColumbia continues to fund BC CEAS'legal advocacy program led by paralegalNasser Amiri. In addition to handlingclient enquiries by telephone and in personat the office, Dr. Amiri meets in twodifferent community clinic settings withclients having legal problems.

Dr. Amiri is at the Edmonds CommunityCentre in Burnaby two Wednesdays amonth, and at the Renfrew CommunityCentre one Wednesday a month.

Dr. Amiri can be reached directly at BC CEAS(604)437-1940 or (for callers outside theGreater Vancouver area) toll-free at:1-866-437-1940.

The Legal Advocacy Program, coordinated by Dr. Nasser Amiriby Gillean Chase

Dr. Nasser AmiriLegal advocate

Edmonds Community Centre,7282 Kingsway, Burnaby

Renfrew Community Centre2929 East 22nd Ave, Vancouver

- 3 -

Best practices research

We are currentlyconducting research todetermine what the scopeof services provided byour legal clinic should beand to determine bestpractices for our clinic.We want the clinic to beas accessible as possibleand to provide the servicesthat are the most needed by older adults in our province.This research includes recommendations for our clinicbased on other legal aid clinics in the United States andin Ontario, as well as upon local field research. KamalaSproule, a local researcher, is conducting interviewsand questionnaires in the community about the legal needsof older adults.

The public consultation forum

As well, on May 21, BC CEAS is holding a publicconsultation forum. Judith Wahl will provide a noon hourplenary address. At this event, representatives of legalclinics, seniors groups, community agencies and manyother groups will participate in small group discussionsand other activities that will provide valuable informationto be analyzed and written into a report. This report willhelp to inform BC CEAS about the needs of older adultsfor legal services from a variety of community perspectives.This research/ report will be available to the public on ourwebsite sometime this fall.

At the same time that this research is being conducted,the practical tasks for the legal clinic set up have begun.Space for the legal clinic has been rented on the 4thfloor of the Seniors’ Centre at 411 Dunsmuir Street.

Apart from the upcoming legal services, BC CEAScontinues to offer a range of programs. In fact theseprograms have been quite busy. Shamira Khimani hasbeen hired to provide some additional administrativeand receptionist help on a temporary basis. We arepleased to have Shamira with us. Her backgroundincludes work as a receptionist with CIBC and in the taxiindustry.

by Joan Braun

Things are very exciting and very busy at BCCEAS these days. The new legal clinic forolder adults will be opening in less than three

months and great things are happening in BC CEAS’other programs. I will provide a few quick highlightsin this column.

Change of name

One piece of news is that the BC Coalition to EliminateAbuse of Seniors is changing its name. On May 1, 2008a meeting of the membership was held to vote on our newname, the BC Centre for Elder Advocacy and Support.The reason for the name change is to adopt a name thatdescribes the scope of our work, while still keeping theBC CEAS acronym.

Here are a few ways that the new name reflects ourwork in 2008. First of all, over the years BC CEAS hasbecome more of a center of expertise on elder abuseand less like a coalition of organizations working towardsa common goal. We do, however, work closely with manyorganizations and will continue to do so. The words ‘elderadvocacy’ refer to the work of the legal clinic, wherelegal advocates (lawyers and paralegals) will providelegal representation to older adults. This aspect of thename is similar to the name Advocacy Center for theElderly, the legal aid clinic for older adults in Ontario.Finally, the word “support” depicts our work supportingolder adults who have been abused or are vulnerable toabuse. This work is done through education, informationand other means.

Liason with ACE Ontario

One highlight of the past few months was travelingto Ontario to visit the Advocacy Center for the Elderly(ACE). I spent three days meeting with ACE staff andboard, as well as with the executive directors of twoother legal aid clinics in Toronto. The information Igathered has proven very useful as we plan the openingof our legal clinic. Judith Wahl, Executive Director ofACE, is providing consulting services to the boardof BC CEAS around a variety of governance issues. Shewill travel to Vancouver in May to meet with theboard and to speak at a community forum being heldby BC CEAS.

Executive director’s update

- 4 -

Joan Braun

Pho

to:

San

dra

Vand

er S

chaa

f w

ww

.thea

rtof

seei

ng.c

a

Cont’d on page 5

Information and referral line

One program that has been particularly busy isour information and referral line, which receives over1,500 calls a year. These calls are from older adults,from family members and from friends. Many of thesecalls are about situations of abuse and neglect, includingfinancial abuse. Dr Nasser Amiri provides legalinformation to callers and practical assistance to olderadults who would benefit from the assistance of anadvocate regarding issues such as housing andgovernment benefits.

ABCs of Fraud

The volunteer seniors who deliver our ABC’s ofFraud and Money Matters workshops continue toprovide presentations in community settingsthroughout the lower Mainland. These volunteershave proved very knowledgeable about the latestscams and how to prevent financial abuse.

The VANGUARD project

BC CEAS continues to be engaged in projectswhich are being carried out in conjunction with otherorganizations, such as the VANGUARD researchproject. The VANGUARD project is managed by BC

CEAS on behalf of the BC Adult Abuse and NeglectPrevention Collaborative. This research project seeksto explore the legal issues arising from abuse andneglect of adults along the continuum from mentalcapacity to incapacity. The research is being carried outby Charmaine Spencer and the BC Law Institute.For additional information about the VANGUARDproject, call us at: (604) 688-1927.

Elder awareness initiatives

On a final note, in addition to our ongoing projects,opportunities arise to be involved in other elder abuseawareness initiatives. Last month, I participated in around table forum on elder abuse. This forum wasfilmed and will form one of a series of DVDs producedby the SFU Seniors Program.

Executive director’s update: (from page 4)

- 5 -

At BC CEAS, many of our members have askedus questions about the legal clinic and how itwill operate. Here are answers to some of

the most commonly asked questions:

What is the law clinic?

The Law Clinic is a legal service staffed by lawyersand paralegals that will open in July 2008. The LawClinic lawyers will be able to represent clients incourt and to take on cases that are beyond what can beprovided by our Legal Advocate. Initially,the clinic will have one staff lawyerand one intake worker. Over timewe anticipate our services willgrow in size. From time to time,additional services will beprovided by law students orlawyers volunteering in our clinic.

Who will fund the law clinic?

The Law Clinic has been funded by the LawFoundation of British Columbia as a three year pilotproject. The clinic opens on July 2008 and funding isguaranteed until June 2011. We hope to securefunding to continue the Law Clinic as a permanentproject after July 2011.

Who will the law clinic serve?

The Law Clinic will provide services to older adultswho would otherwise be unable to access justice dueto low income or other factors. Legal representativesof the older adult acting on behalf of the older adultwill also be eligible for services. The clinic willprovide a range of legal services from telephone adviceto full representation in court. Some services such astelephone advice will be available to callers throughoutthe province. Other services such as courtrepresentation will be available in Vancouver.

Does the clinic differ from legal advocacy?

The legal advocacy program provides legalinformation and advocacy to older adults. Dr. NasserAmiri, the legal advocate, is a paralegal rather than alawyer. He works under the supervision of a lawyerand cannot represent people in court. The LegalAdvocacy program will continue to operate once theLaw Clinic opens, with some cases being directed tothe legal advocacy program. Others, such as thosewhich require a court hearing, will be directed to theLaw Clinic.

Why is the law clinic service needed?

This Law Clinic will be the first legal clinicspecifically for older adults in all of Western Canada.

In British Columbia, there are very few legalclinics which provide services for

people who have low incomes. Asa result, many people with legalproblems cannot access justicebecause they can not afford a

lawyer. Research has shown thatolder adults, in particular, are

Funder of the Legal Advocacy Programand The Law Clinic for Older Adults

- 6 -

Elder Law Clinic to open in July 2008Joan Braun

A view of downtown Vancouver looking south. BC CEASis located in the building at the lower left of the picture.

affected by the lack of legal representation. Forexample, our office receives many calls from olderadults who have had money stolen or haveexperienced other types of abuse. The LawClinic can help protect the legal rights ofolder adults such as these.

Will BC CEAS programs changebecause of the clinic?

BC CEAS’ other programs will continue tooperate as usual, but will have the added advantageof having access to the legal expertise of the clinic. Thiswill improve the quality of the information we provideto the public, on topics such as legal remedies forolder adults who have experienced abuse.

Who will staff the law clinic?

The legal clinic will be staffed by a lawyer and bysupport staff. Joan Braun, Executive Director of BCCEAS, who is also a lawyer, will carry out some work forthe clinic.

What services will be provided?

The Law Clinic will provide a range of services,including legal representation in court. The exactlegal problems and areas of law for which the lawyerwill provide services is still being decided.

At present, BC CEAS is carrying out a needsassessment research project. This research project

includes interviews and surveys with communityorganizations, seniors groups and service providers.

This research will identify which legal services aremost needed by the community. The scope of

services provided by the clinic will be basedon the results of this research.

Can the Law Clinic address my problem?

More information will be provided overthe next two months. A description of our

services will be sent to our members and to interestedgroups this summer. The results of the needsassessment will be published on our website.

written by Joan Braun, Executive Director, BC CEASThe BC Centre for Elder Advocacy and Support

- 7 -

ACE Ontario: Advocacy Centre for the Elderly Website information edited by Gillean Chase

I n existence since 1984, ACE is one of Ontario’sseventy community legal clinics funded by LegalAid in that province. As such, it focuses on the

problems of low income seniors. Although centred inthe Toronto area, ACE works with local communityclinics across the province to provide legal services toseniors in the jurisdiction of these other clinics. LikeBC CEAS, it has a Board of Directors which includeslaw, health and community development advocates,social and community servicesworkers and those with businessexpertise.

Case selection guidelines

In addition, ACE provides legaleducation to the public and advocatesfor law reform. The public legaleducation program is directed atproviding seniors with theinformation necessary to empowerthemselves and to uncover problemareas for which the senior may haveto obtain legal assistance beyond thepurloin of ACE’s legal and paralegalexpertise. Education programs arealso directed at service providers toassist the seniors ’ advocacycommunity in recognizing the legalrights of elders. Outreach efforts with seniors andcommunity groups help in the development of casetypes and case selection guidelines.

Direct legal services

Direct legal services include dealing with obtainingpensions or resolving pension problems and issuesinvolving elder abuse and mental incapacity. One lawyer,the “Institutional Advocate”, is responsible for providinglegal services to clients who need advice or assistance withissues involving long-term care facilities, hospitals,psychiatric facilities and other institutional settings.Individual and group client advice and representation isprovided by five ACE lawyers and three support staff. Twoof the lawyers are primarily responsible for client intakeservice and any litigation undertaken for clients.

Law reform initiatives

In respect to law reform, ACE staffprepare briefs, analyze legislation, carryout elder law research, and advocate for changes inlegislation or policy to improve the status of seniors inOntario. The systemic legal problems of seniors haveproduced numerous briefs and submissions forcommittees of the Ontario legislature, commenting onproposed changes to policy and legislation.

BC CEAS has had the goodfortune to have the input of ACE’sExecutive Director Judith Wahl, inplanning the foundations for theLaw Clinic to open here in B.C.Following are the remarks of BCCEAS’ Executive Director Joan Braunabout that January meeting.

◆ ◆ ◆

‘Early this year I traveled to visit theACE clinic in Toronto to see theirwork in person. I attended a staffmeeting and met with all staffindividually. This included two intakeworkers, one office manager and fivelawyers. I also accompanied ACElawyers to the University of Toronto

twice and sat in on classes taught by ACE staff. At oneof the classes, students participated in a question andanswer period with a lawyer from ACE. This gave me theopportunity to hear about many of the successes ACE hashad on behalf of their clients.

‘Overall, the trip was fascinating. Each of the lawyerspractices a different area of law. For example, the‘litigation lawyer’ represents clients in court in casessuch as recovery of assets and matters related to powerof attorney. The institutional lawyer represents clients wholive in care homes and are experiencing abuse or denialof rights. BC CEAS’ clinic will start out with staff capacityabout 25% of ACE’s capacity, which limits the rangeand number of cases we will be able to take on. However,the visit to ACE was inspirational, as it gave me a pictureof what our new clinic could become.’

- 8 -

- 9 -

volunteers came, fromthe PGCOS Board, fromprograms like Outreach,Volunteer Visiting andComputer Instruction.

Everyone had a good time.

In October, in partnership withthe City of Prince George, weheld a Seniors Dialogue onhousing, health and financial issues. We held another suchDialogue on April 17th, this time strictly on healthissues. There is a great deal to discuss, especially whenlooking at the needs of seniors over the next few years.We hosted representatives from the Northern HealthAuthority, the City of Prince George and many otherorganizations.

We are presently working on the very necessaryhousing issues that came out of the last dialogue.

PGCOS has submitted several proposals to work onabuse of seniors and are waiting to hear if any of these willbe funded.

I look forward to the opening of BC CEAS’ LawClinic; it is very much needed. I know that we will bereferring seniors to the Clinic from Prince George.

Carol Ward-Hall, Co-Manager of PGCOS and Boardmember of BC CEAS.

by Carol Ward-Hall

The PGCOS has beenbusy during the lastthree months. We gaveout 88 Christmas

hampers to low-income seniors.We received donations of non-perishable foods, money and personal items and were ableto give each senior a turkey or ham, two boxes of food anda few items such as a soft blanket, mitts, toques, soap andso on. We have received telephone calls, letters andcards from seniors thanking us for making their Christmasseason brighter.

In February, we held a luncheon for our volunteers tosay ‘thank you’ for all the volunteer hours they donatedduring 2007. We held it at a Senior Centre and providedlunch—three kinds of soup, home-made buns, pastriesand a large cake that said ‘Cheers to Our Volunteers’. Wehad the Old Time Fiddlers playing music. Fifty-five of our

Prince George Council of Seniors (PGCOS) Update

Carol Ward-Hall

PRINCE GEORGECOUNCIL OF

SENIORS

is profound. Dying is our final act as human beings andas persons. It is, so to speak, our final statement of whowe are, of what we are, and of what we stand for. Itshould therefore be something – it will be the lastthing – over which we can claim ownership. Toinstitutionalize it, to turn it into a purely medicalphenomenon that has no connection with how we havelived our lives, is to alienate it from our values – fromwhat grounds us as human beings and as persons. Ifthat happens, our death will be the denouement of aforeign process. It will be the end of our journey,but we will not own it.

At first glance, the remarks by C. S. Lewis are not reallyrelevant to the topic of death and dying. Lewis wasdiscussing what ethical principles should govern anacceptable approach to punishment and how a morallyresponsible society should structure its punitive andretaliatory institutions. However, appearances are oftendeceiving. It is the hallmark of a defensible ethicalposition that it can be applied consistently to all humansituations. Therefore, while one may differ with thetheory of punishment that Lewis advocates in his essay– it finds its foundations in his belief in a wrathful Godwho is not above plain vengeance – what he says aboutbeneficence applies to all human situations, and inparticular to how we die.

Hijacking the dying process

The point is that sometimes, the dying process ishijacked by those who care for us: with the best ofintentions, to be sure, and with the sole intent ofdoing good, but hijacked nevertheless. Next-of-kin,friends and even medical staff may try to keep usalive in as pain-free and comfortable an environment

In 1905 the poet RainerMaria Rilke, in a book thatwas to have tremendousinfluence on philosopherMartin Heidegger, pennedthe following words:

‘Oh Lord, give everyonetheir own death: A dyingthat is rooted in their life inwhich they had love, andmeaning, and need.’ 1

In 1953, in an essayentitled “The Humanitarian

Theory of Punishment,” C. S. Lewis wrote:

‘Of all the tyrannies, a tyranny sincerely exercisedfor the good of its victims may be the most oppressive.It may be better to live under robber barons thanunder omnipotent moral busybodies. The robberbaron's cruelty may sometimes sleep, his cupiditymay at some point be satiated; but those who tormentus for our own good will torment us without end forthey do so with the approval of their conscience.They may be more likely to go to Heaven, yet at thesame time likelier to make a Hell of earth. Theirvery kindness stings with intolerable insult.’ 2

And in 2002, for an article in a professional medicalethics journal, Insoo Hyun wrote:

‘...my chief concern is that [there may be] aninadequate conception of personal autonomy [which]ignores the possibility that some patient’s values mightnot be authentic values in the sense of being free ofcoercive formative influences.’ 3

Giving death meaning

What ties these three passages together? The answeris very simple: All three outline concerns that haveapplicability when it comes to dying. The passagefrom Rilke outlines a concern over meaning, thepassage from Lewis suggests a concern overbeneficence, and the passage from Hyun indicates aconcern over autonomy.

The point that Rilke was making is as simple as it

Some reflections on dyingDr. Eike-Henner W. Kluge

- 10 -

Rainer Maria Rilke(1875 - 1926)Writer and poet, consid-ered one of the greatestlyric poets of modernGermany.

(from wikipedia.org)

Eike-Henner W. Kluge

Cont’d on page 11

Feature Guest Article

as possible and for as long as they can, because theyconsider it a kindness. Alternatively, those who carefor us may try to “make for a fair and easy passage” 4

by alleviating our suffering, using palliative meansthat are effective, but that, inescapably shorten aperson’s life. In this, they are motivated entirely by aprofound feeling of kindness and respect.

Acting ‘for our own good’

The problem is that sometimes – not always, butsometimes – that very kindness is misplaced. To putit in the words of C. S. Lewis, when significant othersand medical professionals orchestrate our dyingprocess, exercised for our good, but rooted in theirvalue-perspective and not ours, they are using theirvalues rather than our own. By doing so, these caringpeople are invalidating who we are. When thathappens, we do not die “our own death.” It then is not

we-as-ourselves who are dying but we-as-the-other. Itthen is not we as authentic persons who are dying, butwe as phenomenally-constructed individuals.

We have in effect been reduced to objects in theeyes of those who profess to care for us – or to thestatus of incompetent individuals who were neverreally competent enough to hold authentic values in thefirst place, and for whom decisions must now be made.It does not matter that the people who control thedying process mean well; that they think they aretreating us with respect and compassion and that theywish only to do the best they can. The fact is thatwhat they consider ”the good” may not be what weconsider “the good.” Their sense of meaning may notbe our meaning. That is why the death that theyorchestrate may be ameaningful death intheir eyes (andindeed in the eyes ofeveryone else), but itwil l not be ameaningful death inthe eyes of the personwho is at the verycentre of the dyingprocess. Whenbeneficence is defined by others and independently ofour own values, that very ‘beneficence’ reduces ourwishes, our meaning and our values to personalbabblings.

Conditioning a world view

However – and this is what we can learn fromInsoo Hyun’s considerations – there also lies thedanger of going too far in the other direction: assumingthat all values and all wishes of the dying personmust be respected precisely because to ignore themwould be to invalidate the individual as a person. AsHyun so ably points out, not all values are authenticand genuine – even if they appear to be freely, clearlyand forcefully stated. Values may be the result of anacculturation process that subtly but powerfullyconditions the individual. That process may result ina world-view that appears to be freely embraced andcogently defended, despite being no more than a

- 11 -Cont’d on page 12

Some Reflections on Dying (from page 10)

CS Lewis (1898 - 1963)

Clive Staples "Jack" Lewis was an Irish writer andscholar, known for his work on medieval literature,Christian apologetics,literary criticism, andfiction. He was a friendof JRR Tolkein is bestknown today for hisseries “The Chroniclesof Narnia”.

(from wikipedia.org)

conditioned response. Moreover, the world-view maybe deeply and tragically flawed because it is basedon ethically questionable premises.

Being useful (or not)

An example would be the kind of world view thatdefines the worth of an individual, not as a person butas a production unit: as someone whose worth consistssolely in the ability to contribute to the well-being ofthe social grouping, and who loses all value whenthat ability ceases or is impaired. This is the world-viewthat we encounter when people say that they shouldbe allowed to die because they have become “useless,”because they have become a “mere burden,” are “tooold to be of any use to anyone,” and the like. Suchvalues are ethically flawed, the acceptance by theperson who says these things notwithstanding. Thevalues that guide that person’s decision-making are notauthentic values, because they deny (or ignore) whatis morally central to being a person. As Kant put it solong ago, persons have worth but they do not have aprice. Any value that estimates the worth of a personin terms of price – n terms of the ability to contribute– is not an authentic value, even if the individualinsists that it is; and it is not an ethically defensiblevalue, even if it is hallowed in tradition. To “make fora fair and easy passage” – or even to ask for a “fair andeasy passage” – because one has “become a burden” isnot an ethically appropriate stance and should not bea guiding consideration when it comes to dying.

To be sure, there is the famous poem byRabindranath Tagore, the Indian Nobel laureate,which goes something like this:

I slept and dreamed that

life was joy.

I awoke and saw that life

was but service.

I served and understood

that service was joy.

However, the point thatTagore was making wasnot that the worth ofindividuals resides in their

service – in what they contribute to society – and thattherefore they have no value when they can no longerserve. His point was that, as persons, we are embeddedin a social context from which, if we are going to beethical, we cannot simply take. We must also give. Wehave a moral duty to contribute to our society to thebest of our ability. This is part of what it is to be anauthentic, moral human being.

Serving and receiving

However, having a duty to contribute to society isnot synonymous with being a mere production unit.To see our role thus is to contradict the very notion ofmutual social obligation that underlies our duty to servesociety as best we can. Society is not made up only ofthose who can (or do) contribute. It is also includesthose who only have need. To think otherwise is toconfuse a human society with a community of ants.Therefore the very duty to serve society recognizes thelegitimate status of those who cannot ever, or who canno longer, serve. Those who cannot serve, or who canserve no longer, are still integral members of society

because they are persons. Assuch, they should be able tocount on our service – whichis to say, on our respect andcare.

A world-view that ignoresthese considerations is flawedno matter how hallowed itis in culture and tradition,no matter how vigorously itis asserted and defended. Inthe words of Insoo Hyun, it is

- 12 -

Some Reflections on Dying (from page 11)Rabindranath Tagore (1861 - 1941)also known as Gurudev,was a British Indian poet,playwright, philosopher,composer and artist wholived in Calcutta, BritishIndia during the BengalRenaissance. In 1913 hewon the Nobel Prize forLiterature.

(from wikipedia.org)

Cont’d on page 13

same as ethical justification. To paraphrase Oliver WendellHolmes, ‘It is revolting to have no better reason forrespecting a [value] than that it was laid down in the timeof Henry IV. It is still more revolting... if the [value]

simply persists from blindimitation of the past.’ 5

Death – an ethicallymeaningful and significantdeath – is not a bravuraperformance by a team ofmedical professionals .Neither is it a process whosemeaning is def ined bysignificant others accordingto their definition of whatconstitutes “the good.” Such

a death is an inauthentic death. It is not “our owndeath,” as Rilke would put it, but something that isorchestrated by others and that merely happens tohave the dying person as the materially central player.

Neither, however, is death a spectator sport where,as outsiders, we are mere observers who watch agame of solitaire being played by a single player

not authentic, and the values that structure it are notgenuine, their subjective force notwithstanding .

Examining tradition and ethics

“Tradition” is a shibboleththat has great contemporarycurrency. It motivates manycaregivers to refrain fromexamining the values of thedying patient or of their next-of-kin, and it structures theirdecision-making for this riteof passage. However, not alltraditions are based onethically defensible values.Good examples here are thetradition of subjectingwomen to female genital mutilation, which is practicedin some communities, and the tradition of treatingmembers of other ethnic or religious communities as less-than-persons, which in recent times has given rise toethnic cleansing. History and tradition may give a causalexplanation about why certain values are held; butneither a causal nor an historical explanation is the

- 13 -

Some Reflections on Dying (from page 12)

The rights of older people

The right to dignity, privacy, freedom and the pursuit

of happiness in old age.

The right to keep one’s individuality.

The right to live independently.

The right to express personal feelings and subjective

thoughts without inhibition.

The right to seek help and receive services.

The right to be stimulated by new experiences and ideas.

The right to safety and security at home and in public.

The right to a bright future.

Cont’d on page 14

Some books by Eike-Henner W. Kluge

Readings inBiomedicalEthics

A handbookof Ethucs forHealthInformationProfessionals

The Ethics ofElectronicPatientRecords

The Practiceof Death

New HumanReproductiveTechnologies

WithholdingTreatmentfrom DefectiveNewbornChildren

Some Reflections on Dying (from page 13)

- 14 -

according to rules that the player defines as s/he seesfit. In other words, the wishes of the dying person arenot unconditionally binding on everyone else. Dying– ethically significant and meaningful dying – is likeliving. It is a delicate juggling act that has to balancewhat are sometimes competing values, and that has tomake sure that these values are ethically defensible,genuine and authentic.

Of course, one can ignore all this and simply let theuniverse unfold as it will. That, however, is to abrogateone’s status as a moral agent – in which case, dying willlack all meaning, significance and importance. Andthat’s fine too – if we don’t care.

Eike-Henner W. Kluge

Educated in Canada and the US, Dr. Kluge was the firstexpert witness in medical ethics recognized by Canadiancourts and was the founding Director of the CanadianMedical Association's Department of Ethics and Legal

Affairs. He has also acted as advisor to the CommonwealthMedical Association, to federal and provincial Ministriesof Health, and has appeared before Commons and Senatecommittees as well as the Royal Commission on NewReproductive Technologies.

Eike Kluge has published, as well as co-authored manybooks on medical ethics. - ed’s note

Footnotes:

1 Rainer Maria Rilke. “O Herr, gib jedem seinen eignen.”Tod Das Stundenbuch (1905)

2 C.S. Lewis, The Humanitarian Theory of Punishment,Res Judicatae (June 1953).

3 Insoo Hyun, “Waiver of Informed Consent, CulturalSensitivity, and the Problem of Unjust Families andTraditions.: Hastings Center Report 32:5 (2002).

4 Oliver Wendell Holmes, Jr.(1897). “The Path of theLaw.” 10 Harvard Law Review 457

5 ibid

Name:

Name of agency/organization:

Address:

City: Province: Postal Code:

Phone: Fax: No. of copies:

Money Matters for Seniors: An Interactive Video WorkshopDeveloped by BC CEAS, this interactive video workshop:

The video challenges seniors and personnel of financial institutions to work together to maintain the seniors’financial independence. The package includes the video, and instructions for facilitators of seniors’ groups orinstructions for facilitators of groups for staff of financial institutions.The script was developed from stories British Columbia seniors told the BC CEAS Task Force on Financial Abuse,funded by Status of Women Canada. Population Health, Health Canada, financially supported the video project.Price: $30.00 (for seniors’ groups); $35.00 (financial institutions) Shipping and handling charges $20.00

• Shows how to avoid financial abuse (often by family, friends or caregivers)• Shows how to protect your money, property and independence as a senior• Presents potential scenarios of seniors at risk of financial abuse• Introduces sources for support and information in the form of financial institutions, banks, credit unions and

trust companies

Visit our website at: www.bcceas.ca or e-mail us at: ceas@telus.net

- 15 -

The Victims Services Manual Projectby Pearl McKenzie, First Vice President, BC CEAS

- 16 -

people. We learned about the comprehensive supportmodel and safety planning that these workers provideto victims of crime and violence in all areas of theprovince. In turn, these workers increased theirunderstanding of seniors’ concerns and needs.

Perhaps most importantly, these workshops gave usthe opportunity to collaborate across systems anddisciplines. Older persons who are victimized shouldbe offered the same basic assistance and informationthat people of any age need; but sometimes they alsoneed specialized help, and that requires all of usworking together.

The victim services division

Victim Services Division has been very supportiveof BC CEAS. They recently helped to print ourEducation Kit Community & Justice System WorkingTogether As Partners and then distributed this kit totheir workers and Community Response Networksthroughout B.C. The manual for victim servicesworkers is the most recent development in ourpartnership with VictimServices. This manualreviews the dynamicsof abuse and neglect ofolder people and relatedlegislation, policies andservices. When it iscompleted, it will beone of a five-part seriesof handbooks beingdeveloped by theMinistry of Public Safetyand Solicitor General,Victim Services andCrime Prevent ionDivision.

Fol lowing is anexcerpt of the original manual written by PearlMcKenzie. The manual is currently being revised andwill be published in the same format as the othermanuals published through the Ministry of PublicSafety and Solicitor General, Victim Services andCrime Prevention Division.

In a partnership projectwith Victims Services andCrime Prevention Division,a manual about elder abuseis being developed.Enti t led Abuse andNeglect of Older Adults:Its a Crime, the manualreviews the dynamics ofabuse and neglect of olderpeople and re latedlegislation, policies and

services. When the manual is completed, it will be oneof a five-part series of handbooks being developedby the Ministry of Public Safety and Solicitor General,Victim Services and Crime Prevention Division.

The other handbooks in the series include:

• Victims of Crime Victim Service WorkerHandbook (at press)

• Violence Against Women in RelationshipsVictim Service Worker Handbook (publishedJanuary 2007)

• Sexual Assault Victim Service WorkerHandbook (published January 2007)

• Violence Against Children and Youth VictimService Worker Handbook (underdevelopment)

The audience

The audience for the current manual is primarilyvictim service workers, but it would also be useful forothers working in a supportive role with older peoplewho are victims of abuse or neglect. When thehandbooks are complete, they will be mailed to VictimsAssistance programs and available online throughthe Victims Services and Crime Prevention website.

Here is a brief history of this project.

The players

Four years ago, Joyce Schmalz, Carol Ward-Hall andI travelled about British Columbia offering workshopsto victim services workers and very much enjoyedour discussions with these caring and knowledgeable

Cont’d on page 17

Pearl Mckenzie

Types of Abuse and Neglect

People in B.C. communities who support and helpseniors have been working with various definitions ofabuse and neglect.

Neglect and medication abuse

Definitions of abuse and neglect usually includeexamples of different actions or behaviours and, in thecase of neglect, failures to act. Some of these examplesare more relevant to seniors with disabilities andchronic illnesses. For example, the most vulnerableseniors depend on other people for support, care andtreatment, so neglect and medication abuse areimportant and life-threatening issues for them.

Financial scams

Also, as seniors arelikely to have a regularmonthly income in theform of benefit orpension cheques, or tohave acquired assets,they become targetsfor financial abuse orconsumer scams.

In some cases, theperson being abusedor neglected isgeneral ly a lreadyconnected to theperson abusing orneglecting. In other

examples, such as consumer fraud, the abuse is morelikely to be initiated by strangers who may then try toestablish a relationship with the person they arevictimizing. Repeated victimization of seniors isconsidered to be the cornerstone for il legaltelemarketing. A hit list or ‘mooch list’ of likely victimsis worth a lot of money on the black market.

Most definitions of abuse offer us a list of actions,such as assault, financial or emotional abuse. It iseasy to get sidetracked into asking questions like:Did this really happen? Was it deliberate? Why didn’tthe senior just say no?

Escalating abuse

In contrast, BC CEAS looks at the quality or nature ofthe relationship and the potential for multiple, andescalating, abusive actions when there is continuedcontact between an abuser and the person being abused.For instance, much of the abuse and neglect that occursin relationships is part of an ongoing pattern of conduct.To help determine if abuse is happening, look for apattern of controlling behaviours. Ask yourself: Arethese actions, or inactions, being used to control anddominate the thoughts, beliefs or behaviours of anotherperson or even of a group of people?

To understand how an older person mightexperience abuse and neglect, it is important toconsider these factors:

Abusive behaviours have a cumulative effect. Oneact or failure to act may appear relatively minor whenlooked at by itself; but, when viewed in context with otherbehaviours in a relationship, can be much more serious.

Acts of abuse and neglect may be complicated byillness, disability or advanced age. For example, it ismore difficult to assert oneself or withdraw from aharmful relationship or the control of someone whois providing care or essential services.

For additional information about this handbook orother BC CEAS publications, call: (604) 688-1927.

The revision is being done in partnership with Victim'sServices. It will be published under the title "Abuse andNeglect of Older Adults: It's a Crime"

The Victims Services Manual Project (from page 16)

Pearl Mckenzie

- 17 -

- 18 -

Donors since last issue:

The Mohseni Society

Langley United Church Women

Revelstoke Community Response Network

Versatech Holdings Ltd.

Doreen Young

Cultus Lakers OAPO Branch 164

Elahesadat Aleahmad

United Way of the Lower Mainland

The Public Guardian and Trustee Office of BC

Private Giving Foundation

Welcome to our new memberAbbotsford Community Services

Gift BC CEAS on your birthdaySeveral members send in donations to BC CEAS

that total their number of years of life, realizing that

as a non-profit organization, we are always in need

of funding for our advocacy and operations. BC

CEAS is a charitable organization and your donations

are tax deductible. Thank you to Arlene Brown for

her donation to the Birthday Fund. To date, the

birthday fund has raised $2,086.00.

In our sight...

nothing is too small!

Welcome to our new staffShamira Khamani - Temporary

Receptionist/Administrative AssistantKaren Slaughter-summer law studentKari Schroeder-summer law student

- 19 -

This education kit was developed to assistpeople who are working to prevent and stopabuse and neglect of seniors.The kit containsa 20-minute DVD entitled Finding A Future forEllen with discussion guides for presentingthe film as well as a PowerPoint presentationand speaker’s notes on CD. Information sheetsand handouts for both presentations are alsoincluded.

The purpose of this kit is to support people in communities around BritishColumbia to:• provide education about abuse and neglect of seniors and seniors’ rights

• share ideas, knowledge and information about responding effectively toabuse and neglect of seniors; and

• strengthen working relationships.

To view the materials in this kit, visit the BC CEAS website at:www.bcceas.ca

Education kit order form

To order this education kit, please fill in this form and mail it with your cheque to:BC CEAS, 3rd Floor, 411 Dunsmuir St.,Vancouver, B.C. V6B 1X4. Education kits cost $125(includes $25 fee for shipping and handling). For VHS, please add an additional $10 each.

Name:

Company/organization:

Address:

Phone: E-MAIL:

Number of kits ($125 each;includes DVD +CD): TOTAL COST:

NUMBER OF VHS TAPES ($10 each): TOTAL COST:

GRAND TOTAL:

Education kit comes with one CD, one DVD, plus workbook.

BC CEAS: Phone: 604-437-1940 Toll-Free: 1-866-437-1940

Joyce Schmalz as “Ellen” in “A Future for Ellen”

Community & Justice System Working Together As Partnersto prevent and stop abuse of seniors

Education kit available from BC CEAS

On Saturday, February 23,2008, the Vancouver Sunfeatured an article by reporterGillian Shaw on ‘Abuse ofPower of Attorney – A GrowingCrisis for Seniors’. BC CEASwas well represented in thisinformative article.

According to Laura Watts,National Director of theCanadian Centre for Elder Lawand past chair of BC CEAS:‘What we are seeing is increasedabuse of power of attorney. Itappears to be on the rise andcertainly we will have more of

it occur as our baby boomers age’

Joan Braun, the Executive Director of BC CEAS,added: ‘I think financial abuse of seniors is one of thecategories where we get the largest number of calls’

Mary Martin Sharma oversees a team of 20 seniorvolunteer speakers who address seniors’ groups on fraudcovering subjects ranging from Identity Theft toTelemarketing and Financial Abuse by family and friends.She indicated that: ‘Many families get into a false senseof entitlement’ to the resources of a senior relative.

Sharma said one of her group’s video workshops, AFuture for Ellen, tells the story of a daughter who used the

- 20 -

power of attorney given to her by her mother to sellthe latter’s house and put the money towards a betterhouse for herself. ‘It’s a common problem,’ said Sharma.

Taking advantage of an elderly senior the morefrail s/he gets may become increasinglycommon. BC CEAS is opening a legalclinic this summer at its headquartersat 411 Dunsmuir Street, which willhelp seniors deal with legal issuessuch as power of attorney andfinancial abuse.

Gillian Shaw used BC CEAS’ definitionof financial abuse as the misuse of aperson’s funds and assets; obtainingproperty and funds without the individual’s knowledgeand full consent; or in the case of an elderly personwho is not competent, which is not in his / her bestinterests. This is also known as material abuse.

One in 12 B.C. seniors have been financially abusedin amounts that averaged more than $20,000.

For more information about BC CEAS’ Fraud PreventionPrograms and other services, please contact:

Mary Martin Sharma,Program / Volunteer Co-ordinator, BC CEASPhone: 604 - 437 - 1940 Fax: 604 - 437 - 1929e-mail: ceas@telus.net www.bcceas.ca411 Dunsmuir Street (3rd Floor)

Abuse of Power of Attorney – A Growing Crisis for SeniorsVancouver Sun, Saturday, February 23, 2008 ( from an article by Sun Reporter Gillian Shaw)

Laura Watts

Mary MartinSharma

Joan Braun

Join BC CEAS

Senior . . . . . . . . . . . . . . . . . .$20.00Individual . . . . . . . . . . . . . . .$40.00Non Profit / Senior Group . . .$50.00Corporate . . . . . . . . . . . . . . .$75.00

Tel: (604) 437-1940 Fax: (604) 437-1929411 Dunsmuir St., Vancouver, B.C. V6B 1X4