Remedies and Options for Elder Abuse

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Guardians and Power of Attorneys (POA)

If the abuse on the elderly person is being committed by a guardian or power of attorney, you may seek to have this person removed and replaced with someone else. Guardians and Power of Attorneys have legal duties to act in the best interest (fiduciary duty) of the elder person they represent. 

Those with abusive guardians can contact the Ontario Public Guardian and Trustee (OPGT) to report suspected abuse as well.

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Criminal Punishment

There is no specific section designated for elder abuse, however the type of abuse being experienced can be representative of a crime. Some types of abuses that are crimes are:

  • Theft or fraud (e.g. stealing or faking documents)
  • Physical abuse
  • Sexual Abuse
  • Neglect (a lack of care that can harm to an individual)

Choosing to pursue criminal punishment route might lead to the abuser to pay fines, damages (money paid to wronged person), and possibly jail time.

DISCLAIMER: If you/your loved one is being abused physically and is in danger, please contact the appropriate authorities such as the police. The information on this website relates to the civil crime of financial elder abuse (Gale Law does not practice criminal law).

Retirement and Long-Term Care Homes

Under both the Ontario Retirement Homes Act (2010) and Long-Term Care Homes Act (2007), a person has a legal duty to report reasonably suspected elder abuse to either the Retirement Homes Regulatory Authority or Director of the Ministry of Health and Long-Term Care. It is considered a crime to fail to report in these settings.

Suing for Damages

A person typically sues through the civil process (one person suing another) if they would like recover (get back) a financial loss or to be remedied (put back into their original position). A common reason in elder abuse lawsuits is “breach of fiduciary duty”. This means they are suing because a person has violated their legal obligation to act in the best interests of the other individual (an elder in this case). Some remedies (method of trying to correct the issue) that a judge may order are:

  • Removal of a Power of Attorney or Guardian
  • Repayment of Misappropriated Funds
  • Costs/Legal fees: the losing party may have to pay the legal fees of the winning party



*DISCLAIMER*: The information and content on this website is for general information purposes only and is NOT legal advice. Use of this website does NOT create an attorney-client relationship between Gale Law Professional Corporation and the reader. Gale Law Professional Corporation makes no implicit or express representations or warranties. This website may contain links to third party sites or information that we find useful: these links should not be interpreted as a sponsorship, recommendation, or endorsement and Gale Law Professional Corporation makes no guarantee of their accuracy as Gale Law does not control those sites.