Protecting a Generation

The average age of Canadians is increasing. Many Canadians are part of what is called the sandwich generation, they need to consider their parents’ health, legal and financial needs in addition to their own and their children’s.

As their parents age, many may become less able to manage their daily activities and requirements. Some may need special care including a personal support worker, nursing care, or accommodation in a retirement or long-term care residence. The costs can be considerable. In Ontario, for example, monthly fees for a private retirement residence can range from approximately $1,500 to $5,000, while subsidized long-term care facilities cost up to $2,166 per month. The Ontario Ministry of Health and Long-Term Care provides information on this and other related topics at the following site:

• www.health.gov.on.ca/english/public/program/ltc/ltc_mn.html

Seniors may also become vulnerable to abuse – especially financial abuse. Someone could forge cheques in the senior’s name, take bank and credit cards and drain accounts of the victim’s hard-earned savings. Most tragically, this is often perpetrated by people very close to the victim – even family members. To help protect seniors who may be vulnerable, make sure you or someone else who is trustworthy visit them regularly. Your ongoing involvement will help you spot any potential wrongdoing.

The law also provides a preventative measure to help you protect someone from his or her own decisions which may be harmful, and from financial or other forms of abuse. One such tool is a power of attorney which is a legal document appointing someone to act on behalf of another person who is no longer able to do so. There are two types of powers of attorney. A power of attorney for personal care deals with personal health care decisions such as living arrangements, hygiene, and medical treatment. A continuing power of attorney (or a power of attorney for property) deals with personal possessions and finances. A person must be legally capable in order to sign a power of attorney, and two people must witness the document for it to be considered valid. These legal assignments cover all of a person’s health care and financial decisions. They are different than an individual financial institution’s power of attorney which allows the person assigned to manage assets held only at that institution.

You should consult a lawyer for more information on powers of attorney and other legal issues. There is valuable information to help you get started at The Ministry of the Attorney General’s Office of the Public Guardian and Trustee (OPGT):

• www.attorneygeneral.jus.gov.on.ca/ english/family/pgt/default.asp

It can be very troubling when someone needs legal intervention but has no powers of attorney assigned. A court can appoint someone, but this can be a lengthy and costly process. In the meantime, if you are worried that someone you care about may not be capable of looking after his or her affairs, or may be the victim of financial abuse, the Office of the Public Guardian and Trustee can help with information and, if requested, an investigation.