Seniors in Canada often face legal issues, including elder abuse and estate planning problems. They also face challenges like long-term care concerns, housing and discrimination issues.
Fortunately, the Canadian government has services in place that provide legal help for seniors. These protections seek to support and safeguard their well-being.
In this post, I will cover the common legal issues affecting Canadian seniors, how they can seek help, what assistance is available for seniors and where they can find legal aid.
Common Legal Issues That Seniors Face
Below are common legal challenges that seniors in Canada encounter.
Elder Abuse
Elder abuse refers to actions or any form of mistreatment or neglect by an individual or an institution that causes physical, mental, financial or other types of harm to an older adult. It can occur at home, clinic, hospital or care facility.
Estate Planning
Seniors commonly encounter estate planning problems, including drafting wills and other issues that can result in disputes and legal battles among family members.
Power of Attorney Issues
Seniors may not fully understand the implications of providing Power of Attorney (POA) documents. How the POA is used or handled can also result in legal conflicts. Seniors may also not be fully competent to manage such challenges if they have health or cognitive issues.
Will Disputes
Will disputes can result from issues related to will validity or interpretation, changes to the legal document, the exclusion of some family members, or conflict caused by the executor’s improper administration of the will.
Accessible Housing
Aside from the need for affordable housing, seniors require safe, accessible, and adaptable housing. But many of them face housing-related problems like eviction and tenancy difficulties, home ownership and accessibility that impact their quality of life.
Discrimination
Discrimination in many forms affects many seniors in Canada, from employment to healthcare, housing, service access and financial services. This can, in turn, affect their dignity and impact their right to obtain equal access to services.
Income Assistance Issues
Income assistance problems can include having issues obtaining income assistance from the government, getting turned down or being cut off from receiving a government income benefit.
Government Assistance for Seniors
Several government programs provide income assistance to seniors:
- Canada Pension Plan (CPP). The CPP is a social insurance program that provides eligible contributors with retirement, disability, and/or survivor benefits every month for the rest of the recipient’s life.
- Old Age Security (OAS). The OAS is a monthly payment provided to eligible individuals 65 and older. The amount is determined by the length of time you have lived in Canada after turning 18 years old.
- Guaranteed Income Supplement (GIS). The GIS is a monthly, income-based, non-taxable benefit provided to low-income OAS pensioners aged 65 or older.
- Allowance and Allowance for the Survivor. This is a monthly non-taxable payment provided to seniors aged 60-64 with low income (Allowance) or to a surviving spouse (Allowance for the Survivor).
What Legal Assistance is Available for Seniors?
Find below the various legal assistance options that provide legal protection for the elderly.
- Government-funded or subsidized legal services. Provincial and territorial legal aid plans are available for eligible Canadians who cannot afford legal services. You can ask about your province’s or territory’s legal aid plans here.
- B.C. Centre for Elder Advocacy and Support. This organization provides free legal services to low-income individuals aged 55+.
- Legal Services Society (LSS). British Columbia residents can seek legal assistance from LSS, BC’s legal aid services provider to low-income Canadians. The group provides legal information, advice, or representation by a lawyer.
- Advocacy for the Elderly (ACE). ACE provides free legal services to lower-income seniors 60 and older in the Greater Toronto Area. Its areas of legal practice include elder abuse, pensions and income, retirement homes, and long-term care homes.
- Law Society of Ontario. Seniors who live in Ontario can seek assistance for legal issues from lawyers licensed by the Law Society of Ontario. They provide legal aid for various issues, including wills, estate matters and powers of attorney.
- Pro Bono Canada. It runs pro bono programs that provide annual free legal services to low-income Canadians. Among their many programs is delivering assistance to victims of elder abuse. To get legal help, contact your province’s pro bono organization.
- Advocacy Groups. Some organizations in Canada address legal challenges that affect seniors. These include the Canadian Association of Retired Persons (CARP) and the Advocacy Centre for the Elderly (ACE).
- Legal Line. Legal Line, a federal not-for-profit corporation, provides a comprehensive Canada-wide list of links for seniors/elder laws.
- Canadian Bar Association. If you want to hire a lawyer, call the Canadian Bar Association and inquire about their Lawyer Referral Service.
How to Get Legal Assistance for Seniors in Canada
Here are the basic steps in seeking legal assistance if you are a senior in Canada:
- Identify the legal issue. Determine the legal challenge you are facing. Seniors often experience elder abuse and problems with housing rights, healthcare choices, and wills and estates.
- Check legal aid eligibility. Inquire about the requirements to qualify for legal aid in your province or territory of residence. If you are eligible, you may be referred to a community legal clinic.
- Research available services. Ask your local legal or university clinic for information for seniors about legal resources you can use. You can also explore Service Canada and government services for seniors to find support on seniors’ legal issues.
- Find pro bono services. Check with your area’s bar association to learn about the pro bono services they offer for seniors. In some provinces, law societies have programs designed to provide legal support for seniors.
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