A PROPOSAL FOR A PROVINCE OF ALBERTA INDEPENDENT SENIORS’ ADVOCATE BY
A CIRCLE OF ALBERTA SENIORS’ ADVOCACY GROUP CHAIRPERSONS
“When you’re down and out, when you’re on the street, when evening falls so hard, I’ll comfort you, I’ll take your part”-S and G
Draft 15, 2006/01/08
A PROPOSAL FOR A PROVINCE OF ALBERTA INDEPENDENT SENIORS’ ADVOCATE
1. Introduction. The Cross Ministry Initiative of the Government of Alberta on Seniors involves nineteen different departments. It is encouraging that the Province is facilitating communications on an interdepartmental basis on seniors matters. This, however, illustrates the complexities faced by seniors who wish to get government or agency assistance with serious problems and issues they face as they live out their lives. In addition to provincial resources , the large number of seniors’ organizations or agencies which might be helpful to a senior in distress is impressive. However, this large array of available resources seems confusing, daunting and formidable even if is one is not elderly and distressed. The situation is further complicated for the elderly who may be frail, housebound, or have hearing, sight or memory deficiencies. How do seniors in real distress tap these government and agency resources, and how do we deal with difficulties and complaints such seniors may have utilizing the services? How do we improve government services to seniors from lessons learned through examination of these difficulties or complaints?
The problems seniors in distress may encounter include such things as: rising costs of electrical and other utilities; intricacies involved in deciding on long term utility contracts; how to cover the costs of maintaining one’s home; costs of prescription medicines not covered by Blue Cross; problems with mental health, vision, hearing and teeth; concerns about being able to stay in one’s own home as age advances and incomes decline; concerns about the level of care if a senior is in a nursing home/long term care facility; dealing with the trauma of elder abuse by relatives or care givers; arranging transportation when one is not able to continue to qualify for a driver’s license because of aging; coping with caring for a sick or disabled spouse, dependent or partner; ensuring one is getting the full financial or other benefits one is eligible for as a senior; possible shortfalls in homecare provisions, and concerns over stagnant or reduced incomes because programmes such as CPP, OAS, Seniors’ Benefit, Special Needs Assistance and Veterans’ assistance, for example, are found to be inadequate or too complicated, or are not being fully utilized.
2. Voluntary Seniors’ Advocacy Groups. It is not uncommon for voluntary seniors’ advocacy groups to be contacted by individual seniors who are in distress over problems they are confronting and seeking help to resolve. Seniors who have called contact people for such seniors’ groups are often seriously distressed, sometimes weeping on the telephone, sounding exhausted, deeply depressed, frustrated at being sent from pillar to post, and at their wit’s end. Very often they are alone; their spouses having already died. Sometimes they are caring for a gravely ill partner. Sometimes they have come to Canada as immigrants and, even though they may have lived in Canada for decades, their command of the English language makes it hard for them to be good communicators. Too often they are unable to travel because of things like arthritis or other illnesses, or because they have no car or relatives to help them with their problems or to provide transportation. Seldom do they have access to
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a computer and the internet or e-mail. A significant number of such seniors have sight and/or
hearing problems and are not able to read government literature or carry on a conversation on the
telephone. Almost always they have tried valiantly to resolve the problem or problems they face but have not been successful in their own initiatives.
Many, if not all, voluntary seniors’ advocacy groups or agencies do not have the resources to do province-wide visitations and field work needed to properly investigate problems raised by individual seniors in distress. Nor do such groups have the capacity to find and keep current with the various government, agency and other programmes designed to help seniors in distress. Also, seniors’ advocacy groups are generally formed to focus on broader social policy issues facing seniors and others, and are not designed to handle individual cases of senior distress. Seniors’ advocacy groups with access to resources frequently service seniors in given towns and cities, and most often are focused on seniors in larger urban areas in the province. Even in the big cities, voluntary seniors’ advocacy groups are not equipped to effectively handle any significant volume of individual cases of senior distress requiring thorough investigative attention.
A search for resources available to such distressed seniors has found that each government department must be contacted individually by telephone, internet or email to get information. Distressed seniors often are afflicted by a number of distinct problems which compound each other, and which can only be resolved after a thorough case investigation through an holistic, interdepartmental, interagency and, sometimes, intergovernmental approach. No province-wide, provincial government, interdepartmental service with intergovernmental and agency linkages and home-based investigative capabilities to help seniors in distress has been found.
If such a holistic, interdepartmental, interagency, investigative approach to helping seniors in distress were available, there is little doubt that its field officers might sometimes discover that government or agency personnel may not have fairly administered selected programmes or services. The field officers might also discover serious, embarrassing, gaps in government policies or practices. Voluntary seniors’ groups often receive operational grants for seniors services from various levels of government, including the provincial government. As a result, some are concerned that if they are critical of government practices or policies, their grants may be reduced or cut. It is in their self interest not to be critical of the government departments that provide funds to them. Other seniors’ organizations do not wish to risk being seen as possibly being critical of government, for fear of a backlash against seniors.
3. What is Needed. The Government of the Province of Alberta needs to establish a Seniors’ Advocate and an Office of the Seniors’ Advocate (OSA). The Seniors’ Advocate would be responsible for establishing and operating a province-wide, interdepartmentally linked service for seniors in distress that would provide relevant information about available services from all levels of government and community agencies with relevant resources to remedy that distress. The Seniors’ Advocate would also investigate cases complaints from seniors utilizing services provided by, or funded by, provincial government departments and recommend resolution of those complaints. The Seniors Advocate would also be responsible to recommend changes to provincial government provisions for seniors as need dictates to ensure there are desirable and feasible preventative measures in place to forestall predictable distress to seniors in the future.
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The Office of the Seniors’ Advocate should have the following characteristics and capacities:
a. Interdepartmental. The OSA must be interdepartmental in nature, involving all of the (eighteen) departments of the Cross Ministry Initiative on Seniors.
b. Intergovernmental. The Provincial OSA must have mechanisms to link effectively with municipal authorities, the Government of Canada, and seniors’ groups and service agencies.
c. Independent. The OAS must be arms length from the Government of Alberta in the same way that the Ombudsman’s Office is. This is necessary because of its investigative functions.
d. Informative. The OSA must have the capacity to collect, compile, update and effectively distribute to distressed seniors in Alberta all available and necessary information on seniors services and programmes from whatever source. The amount of information of possible interest to seniors is huge. The problem is that sources are multi-departmental, inter-governmental, and multi-agency and many calls and referrals may be needed to gain access to relevant services. This is a problem for many seniors as they age and are enduring the effects of that aging.
e. Investigative. The OSA must be staffed to be able to do home or residence investigations of
the problems or issues facing individual seniors whatever the kind or nature of those problems or
issues.
f. Province-wide. The OSA must be able to service seniors where they live in Alberta.
g. Publicity. The OSA must have the means to publicize its services throughout the province of Alberta on a continuing basis so that all Alberta Seniors are aware of its existence.
h. Issues Based. The OSA must have the mandate to recommend to the Government of Alberta
programme solutions to seniors’ problems and issues if there are not existing feasible ways of
addressing such problems or issues. These recommendations must be available and publicized.
i. Policy Based. The OSA must have the mandate to recommend policy changes and initiatives to the Government of Alberta that the Office deems desirable and feasible based on the results of its case investigative endeavours in dealing with distressed seniors.
j. Own Act. The OSA must operate through its own newly created legislative Act, the development of which is to be done in consultation with the Alberta public including seniors’ advocacy groups. The Act should be modeled on the Ombudsman Act. It must also be recognized that the OSA involves public education and communications, and that these aspects of the office will also need to be included in the drafting of the Act.
k. Own Budget. The OSA must have its own budget independent of any given departmental budget to preclude undue interference in its operation from any particular government department.
l. Annual Report. The OSA must produce an Annual Report tabled for debate in the Legislature of Alberta , and it must also be available to the public.
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m. Advisory Mechanisms. The OSA must have effective advisory mechanisms to guide its operations on an ongoing and regular basis from the following constituencies: the Alberta government departments which have responsibilities for seniors’ matters, the Alberta Ombudsman’s Office, seniors’ advocacy groups, seniors selected at random, younger people who are charged with the care of their elders, and MLAs from each party represented in the Legislature.
n. Selection. It is critical that a highly competent, even handed, respected, knowledgeable, well educated, energetic, principled and experienced person be selected to be the Seniors’ Advocate. Seniors’ Advocacy Groups and the general public should be effectively involved in the selection of the Seniors’ Advocate.
4. How the OSA Would Work. Below are cited descriptions and considerations about how the Office of the Seniors’ Advocate would work in practice.
a. Reporting. The OSA chief executive officer (Seniors’ Advocate) would be a full-time, provincial public service position at the deputy minister level, reporting to the Legislative Assembly in the same manner as the Alberta Ombudsman.
b. Permanent Staff. The Seniors’ Advocate would operate with a small permanent staff allocation. He/she would require office and training space and secretarial and administrative
support, again, with fulltime positions. We estimate a minimum of five added positions are needed to begin. These include : 1. An Associate Seniors’ Advocate for Field Services with management classification. This Associate Seniors’ Advocate would need experience with alternative dispute resolution methods, investigative work and with educational and professional development processes to train, deploy and supervise field staff located across the province.
2. An Associate Seniors’ Advocate for Information Services with management classification. This Associate would need computer and information technologies experience, and would be responsible for ongoing government programme and other agency data collection and information compilation on resources available to OSA staff to assist seniors in distress. This information would be of greatest value to the field arm of the OSA, the Seniors’ Advocate Elders cited below. Another role of the this Associate will be devising and maintaining systems for disseminating this resource information, not only to the Seniors’ Advocate Elders, but to other entities which might find this information valuable in assisting seniors in distress such as seniors organizations and arms of various levels of government. 3. An Office Manager who would be responsible for supervision of support staff and for office budgeting. 4. A Receptionist who would also handle initial telephone calls from seniors in distress. 5. An Office Secretary who provide secretarial support to office staff. The OSA will also require legal counsel from time to time. This will be provided through a retainer arrangement.
c. Contracted Staff. There would be need for contracted project staff as required. Under the supervision of the Associate Seniors’ Advocate for Information, this contracted staff might, for example, carry out initial information collection and compilation on various aids and
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assistance for seniors provided by different government departments, different levels of government, community based agencies and other relevant sources. This information would be made available in written and electronic form to the various government departments and agencies by the OSA and these groups would continue to operate their own information and telephone services for seniors making inquiries with this information at hand. They, in turn, would be in a position to refer seniors in distress with serious problems requiring follow up to the Seniors’ Advocate. The collected and updated information would also be essential for the field work of the OSA in helping seniors in distress. Seniors in distress would also be able to call the office of the OSA directly.
d. Seniors’ Advocate Elders. We propose that the investigative and field assistance arm of the OAS be staffed by retired seniors, to be know as Seniors’ Advocate Elders (Elders). The Elders would be recruited by the Seniors’ Advocate from contacts made by his office, from
various seniors organizations and from the general public as needed. It is recommended that, as a
guide, there be an equal number of men and women in the corps of Elders. The term for each
Elder would be five years, and those terms would normally be non-renewable in order to give as many willing seniors as possible a chance to undertake this interesting and important role. The expenses for their training and field work would be paid by the OSA and they would receive an honourarium on a per diem basis for their service. The corps of Seniors’ Advocate Elders would be small to begin with and be expanded as need dictated. Any Elder who ran into difficulty with one of their cases would be assisted by the Associate Seniors’ Advocate for Field Services, and the Seniors Advocate if circumstances required.
The role of the Seniors’ Advocate Elders would be to investigate the circumstances of any senior in distress requesting assistance. The Elder would attempt to identify appropriate government or other resources, with assistance from the Associate Seniors’ Advocate for Information Services, and to assist the senior in distress to gain access to those resources. Where applicable, Elders would utilize alternative dispute resolution methods to solve conflicts in which a senior might be involved. It is the responsibility of The Associate Seniors’ Advocate for Field Services to train and assist Elders in this kind of work.
Where Elders encounter cases of possible administrative unfairness involving provincially supported agencies or Departments, they would recommend to the Seniors’ Advocate that such cases be referred to the Alberta Ombudsman for possible action.
e. Advisory Mechanisms in Practice. In addition to encouraging feedback at any time from the general public on the work of the OSA, the Seniors’ Advocate should establish three advisory groupings that should meet with the Advocate at least once annually, or as need dictates.
The three groupings include:
1. A provincial interdepartmental committee with representation from all provincial departments which service seniors. Also included should be selected representatives from the Alberta Ombudsman, the Human Rights Commissioner, Federal, and municipal governments and local service agencies.
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2. A broader grouping including representatives from seniors’ advocacy groups, representatives from adults with parents who are seniors in long term and home care, seniors selected at large,
and one MLA from each party in the Legislature.
3. The Seniors’ Advocate Elders corps through at least one meeting with all Seniors’ Advocate Elders for the purpose of getting feedback on how to improve services to seniors.
Keep in mind that the Seniors’ Advocate would be required to report progress on operation of the OSA to the Legislative Assembly annually and receive feedback from them.
f. Evaluation. The Seniors’ Advocate, with advice from the advisory groupings and the
Legislative Assembly, should establish terms of reference for an evaluation of the OSA to be conducted in the fifth year of the operation of the OSA.
The Circle of Alberta Seniors’ Advocacy Group Chairpersons asks the Government of Alberta that the circle and other interested seniors’ groups wishing to advance this request be meaningfully consulted in the development of the initiative to establish the Seniors’ Advocate and the Office of the Seniors’ Advocate.
Appendix A: Proposed Legislative Assembly Overview of the Basis for an Alberta Seniors’ Advocate Act.
Appendix B: Cost Estimate of the Office of the Seniors’ Advocate.
Contact: Brian Staples, Chair, Seniors’ Action and Liaison Team (SALT), 9603 96 Street, Edmonton, T6C3Z1, P/F 780 4668042/4668047, e-mail: brianstaples@shaw.ca
People and Organizations Consulted in Preparing This Report
Various seniors’ groups were contacted to determine their interest in advancing the concept of a Seniors’ Advocate, and a Circle of Chairs of interested seniors groups was established. In addition to the Chairs of these groups, cited on the cover page, the paper has been reviewed by the following people: Laurie Blakeman, MLA, Alberta Liberals, Dr. Raj Pannu, MLA, Alberta New Democrats, Sid Wallace, Royal Canadian Legion, Gordon Button, Alberta Ombudsman, Marie Riddle, Alberta Human Rights and Citizenship Commission, and John Ennis of the Alberta Information and Privacy Commissioner‘s Office. Their suggestions on fostering and improving the paper have been greatly appreciated.
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APPENDIX A
PROPOSED LEGISLATIVE ASSEMBLY OVERVIEW OF THE BASIS FOR AN ALBERTA SENIORS’ ADVOCATE ACT
(BASED ON THE DOCUMENT “OMBUDSMAN, LEGISLATIVE ASSEMBLY OF ALBERTA, JANUARY, 2003“)
(A) POSITION SUMMARY
The Seniors’ Advocate provides assistance to Alberta Seniors in distress, whatever the nature of that distress, and promotes fairness in public administration of services for seniors provided for, or financed by, provincial government departments. The office investigates the circumstances of seniors in distress requesting assistance, or referred to the Office with the consent of the senior in question. The Seniors’ Advocate marshals appropriate resources available from provincial departments, arms of provincial departments, agencies receiving provincial funds for provisions of services to seniors, and boards, commission, seniors service agencies in general, appropriate professional bodies outside of government and other levels of government.
The Alberta Seniors’ Advocate Act provides the mechanism for the Seniors’ Advocate to investigate, review investigative results, and decide on an appropriate course of action to remove or reduce the effects of the causes of distress affecting Alberta seniors requesting assistance, and seniors in general.
The Seniors’ Advocate investigates the situations of seniors in distress and arranges remediation through appropriate government and seniors’ service agencies, or through alternative dispute resolution strategies.
Based on evidence gathered through investigative actions, the Seniors’ Advocate may recommend to appropriate provincial departments and, or, to the Legislative Assembly changes to government policy and provisions for assisting seniors in distress.
The Seniors’ Advocate may also suggest policy changes to other levels of government. professional bodies, boards, and commissions for assisting seniors in distress.
Where the Seniors’ Advocate encounters unfair administrative actions or decisions made by Alberta government departments and arms thereof, such cases will be referred to the Alberta Ombudsman for further investigation.
(B) RELATIONSHIP TO THE LESISLATIVE ASSEMBLY.
As an Officer of the Legislature, the Lieutenant Governor in Council appoints the Alberta Seniors’ Advocate, on the recommendation of the Legislative Assembly.
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The Seniors’ Advocate reports to the Legislative Assembly through the Speaker with respect to
the Seniors’ Advocate Act.
The Select Standing Committee has the responsibility for reviewing the budget and the
operations of the Office of the Seniors’ Advocate, Ombudsman, Auditor General, Chief Electoral Officer, Ethics Commissioner, and Information and Privacy Commissioner. The Select Standing Committee is composed of Members appointed from all parties in the Assembly.
The Committee reviews the annual budget estimate and the salary paid to the Seniors’ Advocate. Should questions be raised regarding any of these matters, the Chair of the Select Standing Committee advises the elected members. The Seniors’ Advocate meets with the Select Standing Committee during the year, as necessary.
The Seniors’ Advocate may also liaise with individual members of the Assembly in relation to complaints lodged by constituents or requests for assistance from seniors in distress.
(C) MAJOR RESPONSIBILITIES
1. Provides leadership to the Office of the Seniors’ Advocate and oversees the performance of the Office as a facilitator of appropriate assistance to seniors in distress and as a reviewer of the public administration of services to seniors that require amendment or enhancement in meeting the needs of seniors in distress.
2. Investigates requests for assistance from seniors in distress, or from others with the consent of a senior in distress, to determine if that distress might be alleviated by services available from Alberta Government Departments and agencies funded by them for provision of services to Alberta senior citizens or by other agencies or services available from other levels of government or other available sources. The Seniors’ Advocate may be contacted by a senior in distress in writing or through electronic or other means.
3. Is responsible for reviewing all cases of requests for assistance by seniors in distress to ensure they are within the Seniors’ Advocate’s authority, and assigns those calls for assistance for review by an official of the Office of the Seniors’ Advocate.
4. Reviews all cases for assistance by seniors’ in distress to determine the soundness of the resolution of each case by appropriate means such as referral to other bodies with appropriate resources or through mediation or alternate dispute resolution methods. Refers all cases investigated by Seniors’ Advocate staff to the Alberta Ombudsman’s Office where it is found there may be improper or unfair treatment of a senior in distress under programmes of the Government of Alberta.
5. Initiates an investigation without the need of a complaint, although the primary focus of the Seniors’ Advocate comes as a result of complaints or request for assistance from seniors in distress or other individuals with concerns about the welfare of seniors in distress.
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6. Conducts investigations referred by a Committee of the Legislative Assembly, or a Minister
of the Crown. Reports an opinion and the reasons for it to the appropriate Minister and the
department or agency concerned.
7. Promotes the awareness of the role of the Alberta Seniors’ Advocate through public presentations, the media, and meetings with individuals and groups.
(D) FINANCIAL MATTERS AND OFFICE OF THE SENIORS’ ADVOCATE STAFF LEADERSHIP
The Seniors’ Advocate provides leadership and guidance to a small permanent staff of five, all of which need to be very competent, versatile and experienced people at the top of their form. The seniors’ Advocate will utilize an investigative or field staff of seniors who are paid an honourarium and expenses. The permanent staff includes three highly experienced support staff and two management positions of Associate Seniors’ Advocates, who will be responsible for field services and information services functions of the Office. The investigative staff members are called Seniors’ Advocate Elders (Elders), and are appointed for terms of five years. As a guide, half of the Elders staff shall be men and half women. The Elders will be provided with in service training in order to do their jobs with competence. The Elders staff can readily be expanded or contracted as demand for investigations rises or falls. The Office shall have the capacity to contract other research and support staff from time to time. The Office will also require access to competent legal staff from time to time.
The functional areas of the Office include compilation and updating of all relevant information and services available to seniors in distress. The Office will investigate circumstances involved with seniors in distress who request assistance, and complaints about services to seniors. These investigations will be done by Seniors’ Advocate Elders. The investigating Elder or Elders will recommend to the Seniors’ Advocate remediation of the distress to the senior by arranging help from appropriate government departments or agencies or by mediation between the senior in distress and the agency currently attending to the senior’ needs. Where appropriate, Seniors’ Advocate Elders will utilize alternative dispute resolution methods to resolve conflicts causing stress to a senior. Case investigations which uncover possible administrative unfairness by Provincial Government Departments, or arms thereof, will be referred to the Alberta Ombudsman for attention. In turn, the Ombudsman, who’s mandate precludes advocacy, may wish to refer cases requiring advocacy to the Seniors’ Advocate.
The Seniors’ Advocate may recommend to the Legislative Assembly or Ministers of the Crown changes in operational procedures or legislation to mitigate against future problems for seniors based on lessons learned from investigations of cases of seniors in distress.
The Seniors’ Advocate budget is estimated to be approximately $1,290,000 annually, with annual adjustments required for inflation and volume of cases requiring attention.
(E) CONTACTS/ PROFESSIONAL ASSOCIATIONS.
The Seniors’ Advocate, or delegated staff, meets with seniors in distress, seniors with complaints, individuals, interest groups, the academic community, agencies and institutions providing services to seniors and other individuals that the Seniors’ Advocate feels can be of
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assistance in alleviating distress to seniors in Alberta or resolving complains. In the course of the
relief of stress to a senior or an investigation of a complaint, or in general discussions, the Seniors’ Advocate consults with Ministers, elected officials, senior officials of departments,
government employees, seniors’ agency leadership and/or staff, seniors’ advocacy groups, and
professional bodies.
(F) TERMS AND CONDITIONS
The Lieutenant Governor in Council appoints the Seniors’ Advocate on the recommendation of the Assembly for a term of five (5) years, with provision for reappointment.
The Seniors’ Advocate will arrange for an independent evaluation of the Office of the Seniors’ (OAS) Advocate in the fifth year of its operation. The evaluator and the terms of reference of the evaluation shall be approved by the Select Standing Committee of the Alberta Legislature with input from the advisory committees of the Office of the Seniors‘ Advocate.
Under Legislative requirements, the Seniors’ Advocate may not be a member of the Legislative Assembly.
The position salary range is to be comparable to that of the Ombudsman, and established by the Standing Committee on Legislative Offices. A comprehensive benefit package is offered. The Office of the Seniors’ Advocate is located in Edmonton.
(G) THE PERSON
The demands of this position require attributes that go beyond a specific discipline or academic achievement. Beyond the knowledge, experience and skill requirements of the role, applicants apply a balanced common sense approach while using sound judgement, and demonstrated fairness, patience, integrity, and tolerance. Sound knowledge of how governments work, and leadership capabilities in conflict resolution are critical. Credibility in a chosen career, respect within the community, and a public orientation that is sensitive to current needs of seniors and future expectations are key to this role. Canadian citizenship is required. The Seniors Advocate need not be a senior.
Knowledge/Experience and Skill Requirements
1. Extensive and varied experience (for example, ten to fifteen years) dealing with people from all backgrounds.
2. Proven experience in leading and developing staff.
3. Capacity to handle budgeted monies prudently and competently.
4. Knowledge of law, and an understanding of and skill in utilization of alternative dispute resolution methodology and administrative law concepts including natural justice.
5. Expertise in the philosophy and practices of dispute resolution.
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6. Skill in fostering interagency and interdepartmental cooperation and coordination.
7. In-depth knowledge of Alberta, its regions, institutions and people.
8. Working knowledge of the parliamentary system and the functioning of government departments.
9. Insight into, commitment to, and skill in shared decision making.
10. Strong verbal, written and interpersonal skills.
11. Sound investigative, problem solving and consultative abilities.
12. Information management and technology skills.
APPENDIX B
COST ESTIMATE OF THE OFFICE OF THE SENIORS’ ADVOCATE
Permanent Staff Salary Estimates
Seniors’ Advocate-$120,000
Associate Seniors’ Advocate, Field Services-$75,000
Associate Seniors‘ Advocate, Information Services-$75,000
Office Manager-$50,000-
Telephone/Reception-$40,000
Office Secretary -$35,000
Total Permanent Staff-$395,000
Permanent Staff Associated Costs, Office Space, Equipment, Travel, Benefits- $395,000
Contracted services- $100,000
Legal Counsel Retainer Allocation-$100,000
Seniors’ Advocate Elders Travel/Honourarium-$300,000
Total Annual Initial Budget-$1,290,000
A CIRCLE OF ALBERTA SENIORS’ ADVOCACY GROUP CHAIRPERSONS
“When you’re down and out, when you’re on the street, when evening falls so hard, I’ll comfort you, I’ll take your part”-S and G
Draft 15, 2006/01/08
A PROPOSAL FOR A PROVINCE OF ALBERTA INDEPENDENT SENIORS’ ADVOCATE
1. Introduction. The Cross Ministry Initiative of the Government of Alberta on Seniors involves nineteen different departments. It is encouraging that the Province is facilitating communications on an interdepartmental basis on seniors matters. This, however, illustrates the complexities faced by seniors who wish to get government or agency assistance with serious problems and issues they face as they live out their lives. In addition to provincial resources , the large number of seniors’ organizations or agencies which might be helpful to a senior in distress is impressive. However, this large array of available resources seems confusing, daunting and formidable even if is one is not elderly and distressed. The situation is further complicated for the elderly who may be frail, housebound, or have hearing, sight or memory deficiencies. How do seniors in real distress tap these government and agency resources, and how do we deal with difficulties and complaints such seniors may have utilizing the services? How do we improve government services to seniors from lessons learned through examination of these difficulties or complaints?
The problems seniors in distress may encounter include such things as: rising costs of electrical and other utilities; intricacies involved in deciding on long term utility contracts; how to cover the costs of maintaining one’s home; costs of prescription medicines not covered by Blue Cross; problems with mental health, vision, hearing and teeth; concerns about being able to stay in one’s own home as age advances and incomes decline; concerns about the level of care if a senior is in a nursing home/long term care facility; dealing with the trauma of elder abuse by relatives or care givers; arranging transportation when one is not able to continue to qualify for a driver’s license because of aging; coping with caring for a sick or disabled spouse, dependent or partner; ensuring one is getting the full financial or other benefits one is eligible for as a senior; possible shortfalls in homecare provisions, and concerns over stagnant or reduced incomes because programmes such as CPP, OAS, Seniors’ Benefit, Special Needs Assistance and Veterans’ assistance, for example, are found to be inadequate or too complicated, or are not being fully utilized.
2. Voluntary Seniors’ Advocacy Groups. It is not uncommon for voluntary seniors’ advocacy groups to be contacted by individual seniors who are in distress over problems they are confronting and seeking help to resolve. Seniors who have called contact people for such seniors’ groups are often seriously distressed, sometimes weeping on the telephone, sounding exhausted, deeply depressed, frustrated at being sent from pillar to post, and at their wit’s end. Very often they are alone; their spouses having already died. Sometimes they are caring for a gravely ill partner. Sometimes they have come to Canada as immigrants and, even though they may have lived in Canada for decades, their command of the English language makes it hard for them to be good communicators. Too often they are unable to travel because of things like arthritis or other illnesses, or because they have no car or relatives to help them with their problems or to provide transportation. Seldom do they have access to
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a computer and the internet or e-mail. A significant number of such seniors have sight and/or
hearing problems and are not able to read government literature or carry on a conversation on the
telephone. Almost always they have tried valiantly to resolve the problem or problems they face but have not been successful in their own initiatives.
Many, if not all, voluntary seniors’ advocacy groups or agencies do not have the resources to do province-wide visitations and field work needed to properly investigate problems raised by individual seniors in distress. Nor do such groups have the capacity to find and keep current with the various government, agency and other programmes designed to help seniors in distress. Also, seniors’ advocacy groups are generally formed to focus on broader social policy issues facing seniors and others, and are not designed to handle individual cases of senior distress. Seniors’ advocacy groups with access to resources frequently service seniors in given towns and cities, and most often are focused on seniors in larger urban areas in the province. Even in the big cities, voluntary seniors’ advocacy groups are not equipped to effectively handle any significant volume of individual cases of senior distress requiring thorough investigative attention.
A search for resources available to such distressed seniors has found that each government department must be contacted individually by telephone, internet or email to get information. Distressed seniors often are afflicted by a number of distinct problems which compound each other, and which can only be resolved after a thorough case investigation through an holistic, interdepartmental, interagency and, sometimes, intergovernmental approach. No province-wide, provincial government, interdepartmental service with intergovernmental and agency linkages and home-based investigative capabilities to help seniors in distress has been found.
If such a holistic, interdepartmental, interagency, investigative approach to helping seniors in distress were available, there is little doubt that its field officers might sometimes discover that government or agency personnel may not have fairly administered selected programmes or services. The field officers might also discover serious, embarrassing, gaps in government policies or practices. Voluntary seniors’ groups often receive operational grants for seniors services from various levels of government, including the provincial government. As a result, some are concerned that if they are critical of government practices or policies, their grants may be reduced or cut. It is in their self interest not to be critical of the government departments that provide funds to them. Other seniors’ organizations do not wish to risk being seen as possibly being critical of government, for fear of a backlash against seniors.
3. What is Needed. The Government of the Province of Alberta needs to establish a Seniors’ Advocate and an Office of the Seniors’ Advocate (OSA). The Seniors’ Advocate would be responsible for establishing and operating a province-wide, interdepartmentally linked service for seniors in distress that would provide relevant information about available services from all levels of government and community agencies with relevant resources to remedy that distress. The Seniors’ Advocate would also investigate cases complaints from seniors utilizing services provided by, or funded by, provincial government departments and recommend resolution of those complaints. The Seniors Advocate would also be responsible to recommend changes to provincial government provisions for seniors as need dictates to ensure there are desirable and feasible preventative measures in place to forestall predictable distress to seniors in the future.
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The Office of the Seniors’ Advocate should have the following characteristics and capacities:
a. Interdepartmental. The OSA must be interdepartmental in nature, involving all of the (eighteen) departments of the Cross Ministry Initiative on Seniors.
b. Intergovernmental. The Provincial OSA must have mechanisms to link effectively with municipal authorities, the Government of Canada, and seniors’ groups and service agencies.
c. Independent. The OAS must be arms length from the Government of Alberta in the same way that the Ombudsman’s Office is. This is necessary because of its investigative functions.
d. Informative. The OSA must have the capacity to collect, compile, update and effectively distribute to distressed seniors in Alberta all available and necessary information on seniors services and programmes from whatever source. The amount of information of possible interest to seniors is huge. The problem is that sources are multi-departmental, inter-governmental, and multi-agency and many calls and referrals may be needed to gain access to relevant services. This is a problem for many seniors as they age and are enduring the effects of that aging.
e. Investigative. The OSA must be staffed to be able to do home or residence investigations of
the problems or issues facing individual seniors whatever the kind or nature of those problems or
issues.
f. Province-wide. The OSA must be able to service seniors where they live in Alberta.
g. Publicity. The OSA must have the means to publicize its services throughout the province of Alberta on a continuing basis so that all Alberta Seniors are aware of its existence.
h. Issues Based. The OSA must have the mandate to recommend to the Government of Alberta
programme solutions to seniors’ problems and issues if there are not existing feasible ways of
addressing such problems or issues. These recommendations must be available and publicized.
i. Policy Based. The OSA must have the mandate to recommend policy changes and initiatives to the Government of Alberta that the Office deems desirable and feasible based on the results of its case investigative endeavours in dealing with distressed seniors.
j. Own Act. The OSA must operate through its own newly created legislative Act, the development of which is to be done in consultation with the Alberta public including seniors’ advocacy groups. The Act should be modeled on the Ombudsman Act. It must also be recognized that the OSA involves public education and communications, and that these aspects of the office will also need to be included in the drafting of the Act.
k. Own Budget. The OSA must have its own budget independent of any given departmental budget to preclude undue interference in its operation from any particular government department.
l. Annual Report. The OSA must produce an Annual Report tabled for debate in the Legislature of Alberta , and it must also be available to the public.
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m. Advisory Mechanisms. The OSA must have effective advisory mechanisms to guide its operations on an ongoing and regular basis from the following constituencies: the Alberta government departments which have responsibilities for seniors’ matters, the Alberta Ombudsman’s Office, seniors’ advocacy groups, seniors selected at random, younger people who are charged with the care of their elders, and MLAs from each party represented in the Legislature.
n. Selection. It is critical that a highly competent, even handed, respected, knowledgeable, well educated, energetic, principled and experienced person be selected to be the Seniors’ Advocate. Seniors’ Advocacy Groups and the general public should be effectively involved in the selection of the Seniors’ Advocate.
4. How the OSA Would Work. Below are cited descriptions and considerations about how the Office of the Seniors’ Advocate would work in practice.
a. Reporting. The OSA chief executive officer (Seniors’ Advocate) would be a full-time, provincial public service position at the deputy minister level, reporting to the Legislative Assembly in the same manner as the Alberta Ombudsman.
b. Permanent Staff. The Seniors’ Advocate would operate with a small permanent staff allocation. He/she would require office and training space and secretarial and administrative
support, again, with fulltime positions. We estimate a minimum of five added positions are needed to begin. These include : 1. An Associate Seniors’ Advocate for Field Services with management classification. This Associate Seniors’ Advocate would need experience with alternative dispute resolution methods, investigative work and with educational and professional development processes to train, deploy and supervise field staff located across the province.
2. An Associate Seniors’ Advocate for Information Services with management classification. This Associate would need computer and information technologies experience, and would be responsible for ongoing government programme and other agency data collection and information compilation on resources available to OSA staff to assist seniors in distress. This information would be of greatest value to the field arm of the OSA, the Seniors’ Advocate Elders cited below. Another role of the this Associate will be devising and maintaining systems for disseminating this resource information, not only to the Seniors’ Advocate Elders, but to other entities which might find this information valuable in assisting seniors in distress such as seniors organizations and arms of various levels of government. 3. An Office Manager who would be responsible for supervision of support staff and for office budgeting. 4. A Receptionist who would also handle initial telephone calls from seniors in distress. 5. An Office Secretary who provide secretarial support to office staff. The OSA will also require legal counsel from time to time. This will be provided through a retainer arrangement.
c. Contracted Staff. There would be need for contracted project staff as required. Under the supervision of the Associate Seniors’ Advocate for Information, this contracted staff might, for example, carry out initial information collection and compilation on various aids and
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assistance for seniors provided by different government departments, different levels of government, community based agencies and other relevant sources. This information would be made available in written and electronic form to the various government departments and agencies by the OSA and these groups would continue to operate their own information and telephone services for seniors making inquiries with this information at hand. They, in turn, would be in a position to refer seniors in distress with serious problems requiring follow up to the Seniors’ Advocate. The collected and updated information would also be essential for the field work of the OSA in helping seniors in distress. Seniors in distress would also be able to call the office of the OSA directly.
d. Seniors’ Advocate Elders. We propose that the investigative and field assistance arm of the OAS be staffed by retired seniors, to be know as Seniors’ Advocate Elders (Elders). The Elders would be recruited by the Seniors’ Advocate from contacts made by his office, from
various seniors organizations and from the general public as needed. It is recommended that, as a
guide, there be an equal number of men and women in the corps of Elders. The term for each
Elder would be five years, and those terms would normally be non-renewable in order to give as many willing seniors as possible a chance to undertake this interesting and important role. The expenses for their training and field work would be paid by the OSA and they would receive an honourarium on a per diem basis for their service. The corps of Seniors’ Advocate Elders would be small to begin with and be expanded as need dictated. Any Elder who ran into difficulty with one of their cases would be assisted by the Associate Seniors’ Advocate for Field Services, and the Seniors Advocate if circumstances required.
The role of the Seniors’ Advocate Elders would be to investigate the circumstances of any senior in distress requesting assistance. The Elder would attempt to identify appropriate government or other resources, with assistance from the Associate Seniors’ Advocate for Information Services, and to assist the senior in distress to gain access to those resources. Where applicable, Elders would utilize alternative dispute resolution methods to solve conflicts in which a senior might be involved. It is the responsibility of The Associate Seniors’ Advocate for Field Services to train and assist Elders in this kind of work.
Where Elders encounter cases of possible administrative unfairness involving provincially supported agencies or Departments, they would recommend to the Seniors’ Advocate that such cases be referred to the Alberta Ombudsman for possible action.
e. Advisory Mechanisms in Practice. In addition to encouraging feedback at any time from the general public on the work of the OSA, the Seniors’ Advocate should establish three advisory groupings that should meet with the Advocate at least once annually, or as need dictates.
The three groupings include:
1. A provincial interdepartmental committee with representation from all provincial departments which service seniors. Also included should be selected representatives from the Alberta Ombudsman, the Human Rights Commissioner, Federal, and municipal governments and local service agencies.
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2. A broader grouping including representatives from seniors’ advocacy groups, representatives from adults with parents who are seniors in long term and home care, seniors selected at large,
and one MLA from each party in the Legislature.
3. The Seniors’ Advocate Elders corps through at least one meeting with all Seniors’ Advocate Elders for the purpose of getting feedback on how to improve services to seniors.
Keep in mind that the Seniors’ Advocate would be required to report progress on operation of the OSA to the Legislative Assembly annually and receive feedback from them.
f. Evaluation. The Seniors’ Advocate, with advice from the advisory groupings and the
Legislative Assembly, should establish terms of reference for an evaluation of the OSA to be conducted in the fifth year of the operation of the OSA.
The Circle of Alberta Seniors’ Advocacy Group Chairpersons asks the Government of Alberta that the circle and other interested seniors’ groups wishing to advance this request be meaningfully consulted in the development of the initiative to establish the Seniors’ Advocate and the Office of the Seniors’ Advocate.
Appendix A: Proposed Legislative Assembly Overview of the Basis for an Alberta Seniors’ Advocate Act.
Appendix B: Cost Estimate of the Office of the Seniors’ Advocate.
Contact: Brian Staples, Chair, Seniors’ Action and Liaison Team (SALT), 9603 96 Street, Edmonton, T6C3Z1, P/F 780 4668042/4668047, e-mail: brianstaples@shaw.ca
People and Organizations Consulted in Preparing This Report
Various seniors’ groups were contacted to determine their interest in advancing the concept of a Seniors’ Advocate, and a Circle of Chairs of interested seniors groups was established. In addition to the Chairs of these groups, cited on the cover page, the paper has been reviewed by the following people: Laurie Blakeman, MLA, Alberta Liberals, Dr. Raj Pannu, MLA, Alberta New Democrats, Sid Wallace, Royal Canadian Legion, Gordon Button, Alberta Ombudsman, Marie Riddle, Alberta Human Rights and Citizenship Commission, and John Ennis of the Alberta Information and Privacy Commissioner‘s Office. Their suggestions on fostering and improving the paper have been greatly appreciated.
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APPENDIX A
PROPOSED LEGISLATIVE ASSEMBLY OVERVIEW OF THE BASIS FOR AN ALBERTA SENIORS’ ADVOCATE ACT
(BASED ON THE DOCUMENT “OMBUDSMAN, LEGISLATIVE ASSEMBLY OF ALBERTA, JANUARY, 2003“)
(A) POSITION SUMMARY
The Seniors’ Advocate provides assistance to Alberta Seniors in distress, whatever the nature of that distress, and promotes fairness in public administration of services for seniors provided for, or financed by, provincial government departments. The office investigates the circumstances of seniors in distress requesting assistance, or referred to the Office with the consent of the senior in question. The Seniors’ Advocate marshals appropriate resources available from provincial departments, arms of provincial departments, agencies receiving provincial funds for provisions of services to seniors, and boards, commission, seniors service agencies in general, appropriate professional bodies outside of government and other levels of government.
The Alberta Seniors’ Advocate Act provides the mechanism for the Seniors’ Advocate to investigate, review investigative results, and decide on an appropriate course of action to remove or reduce the effects of the causes of distress affecting Alberta seniors requesting assistance, and seniors in general.
The Seniors’ Advocate investigates the situations of seniors in distress and arranges remediation through appropriate government and seniors’ service agencies, or through alternative dispute resolution strategies.
Based on evidence gathered through investigative actions, the Seniors’ Advocate may recommend to appropriate provincial departments and, or, to the Legislative Assembly changes to government policy and provisions for assisting seniors in distress.
The Seniors’ Advocate may also suggest policy changes to other levels of government. professional bodies, boards, and commissions for assisting seniors in distress.
Where the Seniors’ Advocate encounters unfair administrative actions or decisions made by Alberta government departments and arms thereof, such cases will be referred to the Alberta Ombudsman for further investigation.
(B) RELATIONSHIP TO THE LESISLATIVE ASSEMBLY.
As an Officer of the Legislature, the Lieutenant Governor in Council appoints the Alberta Seniors’ Advocate, on the recommendation of the Legislative Assembly.
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The Seniors’ Advocate reports to the Legislative Assembly through the Speaker with respect to
the Seniors’ Advocate Act.
The Select Standing Committee has the responsibility for reviewing the budget and the
operations of the Office of the Seniors’ Advocate, Ombudsman, Auditor General, Chief Electoral Officer, Ethics Commissioner, and Information and Privacy Commissioner. The Select Standing Committee is composed of Members appointed from all parties in the Assembly.
The Committee reviews the annual budget estimate and the salary paid to the Seniors’ Advocate. Should questions be raised regarding any of these matters, the Chair of the Select Standing Committee advises the elected members. The Seniors’ Advocate meets with the Select Standing Committee during the year, as necessary.
The Seniors’ Advocate may also liaise with individual members of the Assembly in relation to complaints lodged by constituents or requests for assistance from seniors in distress.
(C) MAJOR RESPONSIBILITIES
1. Provides leadership to the Office of the Seniors’ Advocate and oversees the performance of the Office as a facilitator of appropriate assistance to seniors in distress and as a reviewer of the public administration of services to seniors that require amendment or enhancement in meeting the needs of seniors in distress.
2. Investigates requests for assistance from seniors in distress, or from others with the consent of a senior in distress, to determine if that distress might be alleviated by services available from Alberta Government Departments and agencies funded by them for provision of services to Alberta senior citizens or by other agencies or services available from other levels of government or other available sources. The Seniors’ Advocate may be contacted by a senior in distress in writing or through electronic or other means.
3. Is responsible for reviewing all cases of requests for assistance by seniors in distress to ensure they are within the Seniors’ Advocate’s authority, and assigns those calls for assistance for review by an official of the Office of the Seniors’ Advocate.
4. Reviews all cases for assistance by seniors’ in distress to determine the soundness of the resolution of each case by appropriate means such as referral to other bodies with appropriate resources or through mediation or alternate dispute resolution methods. Refers all cases investigated by Seniors’ Advocate staff to the Alberta Ombudsman’s Office where it is found there may be improper or unfair treatment of a senior in distress under programmes of the Government of Alberta.
5. Initiates an investigation without the need of a complaint, although the primary focus of the Seniors’ Advocate comes as a result of complaints or request for assistance from seniors in distress or other individuals with concerns about the welfare of seniors in distress.
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6. Conducts investigations referred by a Committee of the Legislative Assembly, or a Minister
of the Crown. Reports an opinion and the reasons for it to the appropriate Minister and the
department or agency concerned.
7. Promotes the awareness of the role of the Alberta Seniors’ Advocate through public presentations, the media, and meetings with individuals and groups.
(D) FINANCIAL MATTERS AND OFFICE OF THE SENIORS’ ADVOCATE STAFF LEADERSHIP
The Seniors’ Advocate provides leadership and guidance to a small permanent staff of five, all of which need to be very competent, versatile and experienced people at the top of their form. The seniors’ Advocate will utilize an investigative or field staff of seniors who are paid an honourarium and expenses. The permanent staff includes three highly experienced support staff and two management positions of Associate Seniors’ Advocates, who will be responsible for field services and information services functions of the Office. The investigative staff members are called Seniors’ Advocate Elders (Elders), and are appointed for terms of five years. As a guide, half of the Elders staff shall be men and half women. The Elders will be provided with in service training in order to do their jobs with competence. The Elders staff can readily be expanded or contracted as demand for investigations rises or falls. The Office shall have the capacity to contract other research and support staff from time to time. The Office will also require access to competent legal staff from time to time.
The functional areas of the Office include compilation and updating of all relevant information and services available to seniors in distress. The Office will investigate circumstances involved with seniors in distress who request assistance, and complaints about services to seniors. These investigations will be done by Seniors’ Advocate Elders. The investigating Elder or Elders will recommend to the Seniors’ Advocate remediation of the distress to the senior by arranging help from appropriate government departments or agencies or by mediation between the senior in distress and the agency currently attending to the senior’ needs. Where appropriate, Seniors’ Advocate Elders will utilize alternative dispute resolution methods to resolve conflicts causing stress to a senior. Case investigations which uncover possible administrative unfairness by Provincial Government Departments, or arms thereof, will be referred to the Alberta Ombudsman for attention. In turn, the Ombudsman, who’s mandate precludes advocacy, may wish to refer cases requiring advocacy to the Seniors’ Advocate.
The Seniors’ Advocate may recommend to the Legislative Assembly or Ministers of the Crown changes in operational procedures or legislation to mitigate against future problems for seniors based on lessons learned from investigations of cases of seniors in distress.
The Seniors’ Advocate budget is estimated to be approximately $1,290,000 annually, with annual adjustments required for inflation and volume of cases requiring attention.
(E) CONTACTS/ PROFESSIONAL ASSOCIATIONS.
The Seniors’ Advocate, or delegated staff, meets with seniors in distress, seniors with complaints, individuals, interest groups, the academic community, agencies and institutions providing services to seniors and other individuals that the Seniors’ Advocate feels can be of
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assistance in alleviating distress to seniors in Alberta or resolving complains. In the course of the
relief of stress to a senior or an investigation of a complaint, or in general discussions, the Seniors’ Advocate consults with Ministers, elected officials, senior officials of departments,
government employees, seniors’ agency leadership and/or staff, seniors’ advocacy groups, and
professional bodies.
(F) TERMS AND CONDITIONS
The Lieutenant Governor in Council appoints the Seniors’ Advocate on the recommendation of the Assembly for a term of five (5) years, with provision for reappointment.
The Seniors’ Advocate will arrange for an independent evaluation of the Office of the Seniors’ (OAS) Advocate in the fifth year of its operation. The evaluator and the terms of reference of the evaluation shall be approved by the Select Standing Committee of the Alberta Legislature with input from the advisory committees of the Office of the Seniors‘ Advocate.
Under Legislative requirements, the Seniors’ Advocate may not be a member of the Legislative Assembly.
The position salary range is to be comparable to that of the Ombudsman, and established by the Standing Committee on Legislative Offices. A comprehensive benefit package is offered. The Office of the Seniors’ Advocate is located in Edmonton.
(G) THE PERSON
The demands of this position require attributes that go beyond a specific discipline or academic achievement. Beyond the knowledge, experience and skill requirements of the role, applicants apply a balanced common sense approach while using sound judgement, and demonstrated fairness, patience, integrity, and tolerance. Sound knowledge of how governments work, and leadership capabilities in conflict resolution are critical. Credibility in a chosen career, respect within the community, and a public orientation that is sensitive to current needs of seniors and future expectations are key to this role. Canadian citizenship is required. The Seniors Advocate need not be a senior.
Knowledge/Experience and Skill Requirements
1. Extensive and varied experience (for example, ten to fifteen years) dealing with people from all backgrounds.
2. Proven experience in leading and developing staff.
3. Capacity to handle budgeted monies prudently and competently.
4. Knowledge of law, and an understanding of and skill in utilization of alternative dispute resolution methodology and administrative law concepts including natural justice.
5. Expertise in the philosophy and practices of dispute resolution.
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6. Skill in fostering interagency and interdepartmental cooperation and coordination.
7. In-depth knowledge of Alberta, its regions, institutions and people.
8. Working knowledge of the parliamentary system and the functioning of government departments.
9. Insight into, commitment to, and skill in shared decision making.
10. Strong verbal, written and interpersonal skills.
11. Sound investigative, problem solving and consultative abilities.
12. Information management and technology skills.
APPENDIX B
COST ESTIMATE OF THE OFFICE OF THE SENIORS’ ADVOCATE
Permanent Staff Salary Estimates
Seniors’ Advocate-$120,000
Associate Seniors’ Advocate, Field Services-$75,000
Associate Seniors‘ Advocate, Information Services-$75,000
Office Manager-$50,000-
Telephone/Reception-$40,000
Office Secretary -$35,000
Total Permanent Staff-$395,000
Permanent Staff Associated Costs, Office Space, Equipment, Travel, Benefits- $395,000
Contracted services- $100,000
Legal Counsel Retainer Allocation-$100,000
Seniors’ Advocate Elders Travel/Honourarium-$300,000
Total Annual Initial Budget-$1,290,000
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