Abuse of the elderly

June 28, 2018

The demographics of the Australian population is changing so dramatically that the number of people in the over age 50 group is expected to exceed those under 50 in another generation. With this transition, elderly are vulnerable to risk of abuse and exploitation by others looking to take advantage of these circumstances and it has seen significant increase in the overall abuse of elderly people, the most likely offenders being adult children.

What is it?

Abuse of the elderly can be defined as any action or decision made within a relationship of trust leading to harm, abuse or exploitation of an elderly person. This can involve the mismanagement, improper or illegal use of an elderly person’s assets by anyone who has formed a relationship that has implicit trust characteristics with an elderly person.

Some common examples of abuse are:

leading an elderly person to sell their home in return for future care and accommodation that does not eventuate.
direct threat or pressure on an elderly person to relinquish their assets.
breach of Powers of Attorney held on behalf of an elderly person.
taking unauthorised control or management of an elderly person’s finances.

Abuse usually occurs gradually over time and not as a single event, and so it's difficult to identify or assess if and when abuse actually occurs. There are many indicators and risk factors of abuse that present themselves which can be identified when addressing the affairs of an elderly person.

Lawcorp Lawyers believe it's crucial that independent advice and direction be sought on the above matters and invite you to contact Don Smarrelli on 9894 6888, who will be pleased to assist you.

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