A committee of the Bermuda Bar has been formed to work towards amending legislation to protect seniors from financial abuse.

This is according to barrister John Barritt who made a presentation at The Peace and Social Justice Committee’s Ageing in Bermuda forum held at St Theresa’s Church last night.

The forum, which focused on legal matters for seniors, also included presentations by barrister Kim Wilson, the executive officer of consumer affairs, Karen Marshall and rent commission Inspector Dolores Beraldo-Vazquez.

Mr Barritt said that current law against senior abuse focuses on treatment in residential care homes rather than financial abuse which he described as “the real elephant in the room”.

“The legislation needs to be amended,” he told an audience of about of about 40 seniors. “The committee is working towards amending or developing law so that we can put in place some rules with respect to financial abuse of seniors so there will be somewhere for seniors to go or powers for people to investigate — that mechanism currently doesn’t exist.”

Mr Barritt said the good news was that people were living longer meaning seniors had a greater representation and leverage in the community and influencing local politics.

“Seniors are becoming a greater numerical force in the population, particularly the voting population.” Mr Barritt is chairman of the Bermuda Housing Trust for Seniors which ensures affordable rents for Bermuda’s elderly. He highlighted the challenge of seniors having access to legal advice due to financial constraints but added that some lawyers offer services to seniors pro bono [without charge]. He also made mention of the annual seniors’ seminar the housing trust for seniors holds in conjunction with Age Concern. He drew attention to the challenges for young people to secure property in Bermuda which often results in them pressuring elderly relatives to pass on properties.

Ms Wilson said one of the biggest legal concerns when it comes to seniors was vulnerability. She outlined three legal documents that seniors should consider when estate planning — the will, the power of attorney and the declaration.

“Talk to an estate practitioner and get your affairs in order,” she advised.

She spoke on the importance of writing a will to ensure that property and goods are passed on to the people you wish them to be after your death. If a will is not written decisions could be made under the Succession Act and goods may end up in the wrong hands. “A will allows you to remain in control of the distribution,” Ms Wilson said.

Secondly, she talked about Power of Attorney which is a legal document authorising a person of choice to care of your financial affairs if you are unable to do it yourself. She said the benefits of power of attorney were that you have to have the mental capacity to order it. “Remember I talked about control?” If you don’t order a power of attorney when you are mentally capable, an application has to be made under the Mental Health Act which can become costly and such an order can be resisted.

Thirdly, Ms Wilson talked about a declaration or a living will which determines the type of end of life care you wish to receive. If death is imminent you may want to withhold support or resuscitation but without the declaration such a decision may be forced upon a family member and it may contravene your true wishes.

Ms Marshall and Ms Dolores Beraldo-Vazquez’s presentations related to the rights of landlord and tenant, while testing the audience members on their knowledge. They too said that legislation was being reassessed to make it fairer on landlords who were facing tenants on financial assistance who were “playing the system”.

The Peace and Social Justice Committee have conducted two forums on ageing thus far; the first was on Ageing and Employment and the second on Ageing and Health.

The next in the series will be on Ageing and Rest Homes/Eldercare and Ageing and End of Life.