As Australia’s ageing population continues to grow, it is vital that, as a community, we are alert to the warning signs of elder abuse and what to do if we or someone we know experiences it.
What is elder abuse?
Elder abuse can take many forms including financial, physical, psychological and neglect. Elder abuse is defined by the World Health Organization as "a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.”
Prevalence of elder abuse
According to data collected by Queensland’s Elder Abuse Prevention Unit (EAPU) in the 2021-2022 year, in cases of abuse involving close or intimate relationships reported to the Elder Abuse Helpline:
- almost all cases occurred within family relationships (95% of cases);
- the most common perpetrators were children (including in-laws) (71.1% of cases) followed by spouses or partners (12.3% of cases);
- the most common types of abuse reported were psychological (76.6% of cases), financial (62.1% of cases) and social (27.8% of cases);
- one-third of victims had impaired capacity;
- formal decision-making arrangements were recorded in 26.7% of cases and, in over three quarters of those particular cases, the substitute decision-maker was alleged to be perpetrating the abuse; and
- the most common methods of perpetrating financial abuse were undue influence, misuse of debit and credit cards, and misuse of an Enduring Power of Attorney.
Financial abuse
The EAPU defines financial abuse as “the illegal or improper use and/or mismanagement of a person’s money, property, or resources.” Some of the warning signs of elder financial abuse include an older person:
- struggling to pay for bills, medication or other necessities;
- being blocked from accessing their bank accounts;
- making changes to their Will;
- seeming confused about the sale of a property and the reasons for it;
- making imprudent or lavish gifts relative to the older person's financial means; or
- complaining of savings and/or possessions disappearing.
What help is available?
If you suspect that an older person you know is being abused or if you are experiencing elder abuse yourself (and there is no immediate risk of physical harm), there are steps you can take, including:
- You can call the Elder Abuse Helpline on 1300 651 192 (if within Queensland) or 07 3867 2525 (if outside Queensland) for free confidential advice, assistance and support. The helpline is available from 9am to 5pm on Monday to Friday (voice messages can be left outside these hours). Calls are not recorded and you can remain anonymous.
- If the victim of the abuse lacks capacity for the matter in question and is domiciled in Queensland, you can make an anonymous referral to the Office of the Public Guardian (OPG). The OPG is an independent statutory office established to protect the rights, interests and wellbeing of adults with impaired decision-making capacity. The OPG can generally investigate allegations of neglect, exploitation or abuse (including financial abuse) and has wide investigative powers to gain access to relevant information, including medical and financial information and to require people to produce records/accounts.
- In addition to the above, you can access details of other agencies who can offer support and advice for victims of elder abuse, who have decision-making capacity.
- For victims outside Queensland, the National Elder Abuse phone line (1800 353 374) will direct you to the helpline in your state or territory. You can also view details of the individual helplines (scroll down to “Helplines in other states”).
- In all cases, if there is an immediate risk of harm to you or a victim of abuse, please call emergency services on 000.
More information
HopgoodGanim Lawyers has prepared a special report regarding elder abuse within the context of coercive control reform in Australia.
Key takeaway
Elder abuse is sadly a growing problem.
While recognising the signs and seeking help are important, one of the best ways an older person can protect themselves from abuse is to appoint enduring attorneys that they trust to act in their best interests if they lose their own decision-making capacity. For older people who may not have family members or friends that they can turn to, there are other options available. In all cases, we would encourage older people to seek legal advice regarding their estate planning and to seek help if they fall victim to any form of elder abuse.
If you would like assistance with making or updating an Enduring Power of Attorney, or need legal advice in relation to a matter involving elder abuse, please contact our experienced Estates and Succession team.