Wills, Estates & Trusts
World Elder Abuse Awareness Day 2025
June 5, 2025

Each year on June 15, World Elder Abuse Awareness Day shines a necessary light on a growing but often hidden crisis: the abuse and neglect of older adults. Recognized globally and supported by organizations such as the United Nations and the World Health Organization, this awareness day urges communities to protect their elders from harm and to take meaningful steps to ensure safety, dignity, and justice for older people everywhere.
In Alberta, where an aging population is reshaping the legal, healthcare, and social support landscape, elder abuse is a pressing concern. Many cases go unreported. Some victims suffer in silence due to dependency on their abuser, isolation, shame, or a lack of understanding of their legal rights. This day presents an important opportunity for families to learn, reflect, and take action.
Understanding Elder Abuse
Elder abuse is any action (or lack of appropriate action) that causes harm or distress to an older adult. It can be intentional or unintentional and is often carried out by someone the elder trusts, such as a family member, caregiver, or friend. Abuse may be physical, emotional, sexual, or financial, and it can also take the form of neglect or violation of a senior’s rights.
Financial abuse is the most commonly reported form in Alberta, often involving the misuse of a senior’s money or property through theft, fraud, or coercion. It can occur in tandem with emotional abuse or manipulation, particularly where a senior is experiencing cognitive decline or is dependent on the abuser for daily care.
While elder abuse can happen in care facilities, it also frequently occurs in private homes, making it harder to detect and report. Cultural stigmas, power imbalances, and isolation make it easier for abuse to go unnoticed.
The Legal Framework for Elder Protection in Alberta
Elder abuse is covered by several areas of Alberta law, including criminal law, tort law, adult guardianship and trusteeship, powers of attorney, and estate litigation. The Province also has legislative tools specifically designed to protect vulnerable adults.
The Protection for Persons in Care Act applies to publicly funded care facilities and mandates that staff and service providers report any suspected abuse. For seniors living at home or with family, the Adult Guardianship and Trusteeship Act offers mechanisms for intervention when an individual lacks the capacity to make decisions or is at risk of being exploited.
When financial abuse is suspected, civil actions such as a claim for breach of fiduciary duty or undue influence may be pursued in court. In more serious cases, families may also involve law enforcement to investigate criminal conduct, such as theft or fraud under the Criminal Code.
Lawyers experienced in elder abuse cases can help families pursue urgent remedies such as court-ordered guardianship, financial audits of power of attorney activity, or the suspension of decision-making authority from an abusive individual.
Financial Abuse: A Growing Concern in Estate Planning
One of the most devastating and difficult-to-prove forms of elder abuse is financial exploitation. In many instances, the perpetrator is someone the senior trusted, often a child or close relative, who has access to the elder’s finances or property.
This abuse often begins subtly. A caregiver may start using the elder’s debit card for groceries and gas, but also make purchases for themselves. They may “borrow” money with no intention of repaying it. Over time, they might manipulate or pressure the elder to amend a will or sign over control of finances through a power of attorney.
These patterns can escalate, especially if the elder has diminished capacity and there is no oversight. When these actions come to light (sometimes after the elder has passed away), families can be left not only grieving but also facing complex legal disputes.
For this reason, proper estate planning is a vital line of defence. Well-drafted documents, including a will, enduring power of attorney, and personal directive, can limit the opportunity for financial misconduct. Crucially, these documents should be prepared with legal advice to ensure they reflect the elder’s true intentions, and not the undue influence of others.
Recognizing the Warning Signs of Elder Abuse
Early detection is key to stopping elder abuse before it causes irreversible harm. Unfortunately, many cases remain hidden until it’s too late. Families should watch for subtle but persistent changes that may indicate abuse:
- Unexplained withdrawals or changes in bank accounts
- Sudden changes to a will, power of attorney, or other legal documents
- The elder appearing fearful, confused, or withdrawn
- A caregiver preventing access to the elder or speaking on their behalf
- Physical signs of neglect, such as weight loss, poor hygiene, or untreated medical issues
Family members, legal professionals, financial institutions, and healthcare providers all have a role to play in identifying these signs and supporting intervention when appropriate.
When Capacity Is in Question
One of the most legally complex and emotionally charged aspects of elder abuse prevention involves capacity. The term “capacity” refers to whether an individual has the mental ability to understand and make decisions about their property, care, and legal matters. Capacity can fluctuate and may be affected by dementia, stroke, or mental health conditions.
The Adult Guardianship and Trusteeship Act allows families to apply for capacity assessments and seek guardianship or trusteeship orders when necessary. A guardian makes personal decisions on behalf of the adult, while a trustee manages financial matters. The courts oversee these arrangements and can include checks and balances to reduce the risk of abuse.
Capacity issues are also central in estate litigation. If a senior changes their will or signs a power of attorney while their capacity is impaired, the documents may be challenged. Allegations of undue influence and lack of capacity frequently arise in will disputes, especially in blended families or where one sibling has significantly more access to the senior.
Holding Abusers Accountable
Taking legal action against a perpetrator of elder abuse can be difficult, especially when family dynamics are strained. However, the courts in Alberta are increasingly willing to intervene to protect vulnerable individuals and undo the consequences of abusive conduct.
A civil claim can seek to recover stolen assets, remove an attorney acting under a power of attorney, or set aside a will obtained through undue influence. Sometimes, a judge may order a full accounting of a person’s financial dealings or freeze assets until the matter is resolved.
In more egregious situations, criminal charges may be warranted. Alberta law enforcement and Crown prosecutors are increasingly aware of the need to pursue elder abuse cases with seriousness and sensitivity. However, the criminal route can be traumatic for the victim and should be approached with care.
Families should also consider the value of mediation or negotiated settlement in resolving elder abuse disputes. This often preserves relationships while still achieving restitution and preventing further harm.
A Family Responsibility: Steps You Can Take
World Elder Abuse Awareness Day serves as a powerful reminder that the responsibility to protect Alberta’s seniors rests not only with governments and institutions but with families and communities. If you are concerned about a senior in your life, there are several steps you can take:
- Speak up: Express your concerns to the senior in a respectful, non-judgmental way. They may be waiting for someone to notice.
- Document everything: Keep records of suspicious transactions or concerning behaviour.
- Encourage legal planning: Help your loved one meet with an estate planning lawyer to create or update their documents.
- Contact appropriate authorities: If you suspect serious abuse, report it to local law enforcement or Alberta’s Office of the Public Guardian and Trustee.
- Consider legal action: If harm has already occurred or you require urgent action to stop ongoing harm, seek legal advice about pursuing remedies through the courts.
World Elder Abuse Awareness Day: A Call to Protect, Plan, and Prevent
World Elder Abuse Awareness Day is more than a symbolic occasion. It is a call to action. In Alberta, where the senior population is growing, families must be proactive in recognizing the risks of abuse and responding with care, vigilance, and legal foresight.
Estate planning is not just about distributing property, but a vital tool for protecting vulnerable individuals and upholding their dignity. Legal documents such as powers of attorney and wills must be treated with the same seriousness as medical care or housing. When done correctly, they can offer peace of mind and prevent future conflict. When misused, they can become instruments of harm.
DBB Law: Calgary Estate Planning Lawyers Advocating for Those Impacted by Elder Abuse
At DBB Law, our team of compassionate wills and estates lawyers supports clients and their families as they create and review existing estate plans and advocate for those who have suffered harm through elder abuse. If you suspect that you or a loved one has been the victim of elder abuse, we are here to provide confidential and trusted support. We proudly support clients in Calgary and throughout the great province of Alberta. To schedule a consultation, please call us at 403-265-7777 or reach out online.