Elder abuse, particularly financial abuse by trusted family members or friends, is an increasing concern as Australia’s population ages. The Australian Law Reform Commission has recommended reforms such as a national register for enduring powers of attorney and stronger banking safeguards to help protect vulnerable older people. While governments consider these reforms, individuals can take proactive steps by seeking legal advice and putting appropriate estate planning and protective documents in place.
What is elder abuse, why is it becoming a growing concern in Australia, and what can be done to protect older people from it?
Summary
This article examines the growing issue of elder abuse in Australia and the legal measures proposed to better protect older Australians. It highlights recommendations from the Australian Law Reform Commission and outlines how proactive estate and succession planning can help safeguard an individual’s rights, property and wishes as they age.
Our Estates Team discusses this topic
What is elder abuse and how can it affect older Australians?
Our estate planning and dispute resolution teams are all too often, and increasingly, acting to rescue seniors from falling victim to trusted family or friends crossing the line from “helping” to “helping myself”. Often these people are referred to us from concerned professionals – investment advisers, accountants, aged care professionals – who see that something is just not right in the way a person in their care (and that person’s property) is being dealt with by those closest to them.
Why is elder abuse a growing concern in Australia?
It’s something that no one believes will happen to them, but statistics reveal that so-called “elder abuse” is an issue of mounting concern in Australian society as our population grows and ages.
What legal reforms have been proposed to address elder abuse?
Each Australian State has laws which regulate this area, with varying degrees of effectiveness. There are increasing calls for reforms nationally to promote the dignity and autonomy of older people, supported by initiatives to provide those older people with protection and put in place safeguards. The Australian Law Reform Commission (ALRC) launched its report “Elder Abuse – A National Legal Response” on 15 June 2017, coinciding with World Elder Abuse Awareness Day. The Commission report introduces 43 recommendations, which are recommended reading for every professional working in this area.
What safeguards did the ALRC propose?
Notable proposals include a national register for enduring documents such as powers of attorney, and amendments to the Code of Banking Practice to require banks to take reasonable steps to prevent the financial abuse of vulnerable customers.