Elder Abuse

Elder abuse is a serious problem that affects a significant number of older adults in Australia. It can take many different forms, including physical, emotional, sexual, and financial abuse, as well as neglect and abandonment.

 

Challenges in dealing with elder abuse:

  • Vulnerable adults may be hesitant to report abuse for a variety of reasons, including fear of retaliation, shame, or a sense of isolation or helplessness.

    This can make it difficult for others to provide the necessary support and protection. Importantly, the perpetrator of the abuse may also be the primary carer of the vulnerable person, creating a new layer of complexity in preventing ongoing abuse.

  • Many people, including health professionals, may not recognise the signs of elder abuse or may not know how to respond to suspected cases. This can lead to a delay in intervention and exacerbate the harm caused to the vulnerable person.

  • Elder abuse can include exploitation or financial fraud. It may be difficult for the exploited person to regain control of their finances or recover assets that have been wrongfully taken.

    This can be especially challenging if the perpetrator is a family member or caregiver who has been granted legal authority over the vulnerable person’s affairs.

  • Vulnerable adults may require specialised medical care, mental health support, or assistance with daily living activities. This can add an additional layer of complexity to addressing the abuse and providing appropriate care and support.

  • Older adults may have limited access to the infrastructure and funding necessary to provide adequate support and protection. This can leave the abused person without access to the care and assistance they need to recover and rebuild their lives.

“1 in 6 older Australians are experiencing some form of abuse, and that elder abuse can take the form of: psychological abuse (11.7%), neglect (2.9%), financial abuse (2.1%), physical abuse (1.8%), sexual abuse (1%).”

SOURCE: AIFS

How can we help?

A lawyer can play a crucial role in cases of elder abuse by providing legal representation, support, and advocacy to victims and their families:

  • Provide legal advice: We give guidance to victims and their families on their legal rights and options. This can include information on how to report abuse, how to obtain protective orders, and how to seek compensation for damages.

  • Investigate abuse: we can investigate suspected cases of elder abuse to gather evidence and build a case for legal action. This can include interviewing witnesses, reviewing medical records, and working with Police and other professionals to build a comprehensive case.

  • Take legal action: we can initiate legal action on behalf of victims of elder abuse to seek compensation for damages and hold perpetrators accountable for their actions. This may include filing lawsuits, obtaining protective orders, and seeking criminal charges against perpetrators.

  • Navigate complex legal issues: Elder abuse cases can involve a wide range of issues, including financial complexity, and guardianship and administration. We can help to untangle these issues and ensure that victims and their families are protected and represented.

  • Advocate for victims: We can also act as an advocate for the abused person, working to ensure that their voices are heard and that their needs are met. This can involve negotiating with agencies and organisations to secure the resources and support that victims need to recover and rebuild their lives.

Signs indicating potential elder abuse

Elder abuse can take many different forms, including physical, emotional, sexual, and financial abuse, as well as neglect and exploitation.

The signs of elder abuse can be subtle, but there are some common warning signs include:

  • Unexplained bruises, cuts, burns, or other injuries, especially in areas that are not easily visible; broken bones; unexplained weight loss; bedsores or other signs of poor hygiene or neglect.

  • Unusual changes in behaviour or mood, such as depression, anxiety, fear, or agitation; withdrawal from social activities or relationships; increased confusion or disorientation; reluctance to speak in the presence of a particular person or caregiver, or being more easily upset than usual.

  • Unexplained sexually transmitted infections (STIs); torn or bloody underclothing; unexplained genital or anal injuries; reluctance to be touched or to receive medical care; sudden changes in behavior or mood.

  • Unexplained or sudden changes in financial situation or spending patterns, missing money or property, unexplained bank withdrawals, transfers to unknown accounts, or changes to wills or other legal documents; caregiver isolating the person from family or friends.

  • Dehydration or malnourishment; untreated medical conditions or injuries; unsanitary living conditions; lack of appropriate and clean clothing or personal hygiene; poor access to food or water, and abandonment or being left alone for long periods of time.

If you suspect that someone is experiencing elder abuse, it is important to take action to protect the older person.

Responding to suspected elder abuse

If you suspect that someone is experiencing elder abuse, it is important to take action. The following checklist prioritises safety and wellbeing for Victorian residents:

  • Determine if there is any immediate risk: Such as physical danger or poor access to adequate shelter or food. Make a report to Police and/or The Orange Door, which is a Vic State Government initiative to provide an immediate response to family violence (www.orangedoor.vic.gov.au).

  • Listen and observe. If you notice any signs or symptoms of elder abuse, take time to listen to the older adult and observe their behaviour and living conditions. Ask questions about their well-being and if they feel safe but avoid being confrontational or judgmental.

  • Seek assistance: If you have reason to believe that elder abuse is taking place, it is important to get appropriate assistance.  We will assist you to determine the nature of the risk and can advise you accordingly.

  • Provide support: Let the older adult know that you are there to support them and provide any assistance they may need. This can include helping them find a safe place to stay, accompanying them to medical appointments or legal proceedings, or connecting them with support services.

  • Document the abuse: If you witness or suspect elder abuse, it's important to document what you have seen or heard. This can include taking pictures of any injuries or unsafe living conditions, writing down what was said or observed, and keeping a record of any conversations with the older adult.

  • Stay informed: Learn more about elder abuse and the resources available to help prevent and respond to it. Educate yourself about the signs and symptoms of abuse, as well as the laws and regulations that govern elder care and protection.

Elder abuse is a serious issue that can have an appalling and lasting impact on the physical, emotional, and financial well-being of older adults. By responding to elder abuse, you can help protect the safety and dignity of older adults in your community.

How can elder abuse be prevented?

Tips to recognise and respond to elder abuse:

  • Stay connected with vulnerable older adults. Regular check-ins, phone calls, or visits can help to identify potential problems and ensure that the older person is safe.

  • Be aware of the signs of elder abuse. Knowing the signs of elder abuse, such as unexplained injuries, changes in behavior, or unexplained financial transactions, can help you to identify and report abuse if it occurs.

  • Plan ahead: Preparing for the future can help to protect older adults from abuse. This may include setting up a power of attorney or advanced healthcare directive, and discussing financial matters with trusted family members or advisors.

  • Be cautious with caregivers: If you or someone you know needs a caregiver, it is important to be cautious when selecting and working with them. Do background checks, ask for references, and carefully monitor their behaviour and interactions with the older adult.

  • Report suspected abuse: If you suspect that an older adult is being abused, report your observations to Police, to the Office of the Public Advocate (www.publicadvocate.vic.gov.au), or to The Orange Door (www.orangedoor.vic.gov.au).

  • Seek legal advice. We can provide advice and guidance to establish ongoing protection and legal remedies.

By taking these steps, you can help to protect older adults from abuse and ensure that they are able to age with dignity and respect.

Forms of Elder Abuse

Financial abuse of older persons

Financial abuse is a type of elder abuse that involves the illegal or unauthorised use of an older person's financial resources. It can take many forms, such as theft, fraud, exploitation, or coercion. Financial abuse may be committed by family members, caregivers, or strangers, and it can be devastating for older adults who rely on savings to support themselves both now and into the future.

Signs of financial abuse of older persons:

  • Unexplained withdrawals from bank accounts

  • Missing valuables or cash

  • Sudden changes to wills or other legal documents

  • Unpaid bills or utilities despite having sufficient funds

  • Sudden changes in spending habits or patterns

  • Forged signatures on financial documents

  • Unexplained credit card charges or loans

  • Use of an older adult's funds for purposes other than their care or benefit

To prevent financial abuse, it is important to monitor older adults' financial accounts and transactions regularly. With their permission, this can be done by setting up online access or by requesting regular statements. It is also important to make sure that the older adult's financial and legal documents are up-to-date and reflect their wishes.

If you suspect financial abuse, you should report it to the Police and seek advice from your lawyer or from the Office of the Public Advocate (Vic – 1300 309 337).

We can assist you with appropriate notifications and ongoing action.

Emotional abuse of older persons

Emotional abuse of older persons is a type of mistreatment that involves causing emotional or psychological pain, distress, or injury to an elderly person.

Forms of emotional abuse:

  • Verbal abuse: using words to hurt or humiliate an elderly person, including yelling, swearing, name-calling, or making threats.

  • Nonverbal abuse: actions that convey negative feelings or emotions towards the elderly person, such as ignoring them, isolating them, or giving them the silent treatment.

  • Psychological abuse: undermining an elderly person's self-worth, confidence, or sense of security, such as by making them feel worthless or guilty, or manipulating them to do things they do not want to do.

  • Financial abuse: exploiting an elderly person's finances, stealing their money or possessions, or coercing them into giving away their assets.

Emotional abuse of older persons can have serious consequences on their mental and physical health, leading to depression, anxiety, and other psychological and physical problems.

Signs of emotional abuse include changes in behaviour, personality, or mood.

 

Coercive control of older persons

Coercive control of older persons is a type of abuse that involves the systematic and intentional use of power and control by a caregiver, family member, or someone in a position of trust over an elderly person. It often involves a pattern of behaviour that is intended to manipulate, intimidate, or dominate the older person, leading to a loss of freedom, autonomy, and independence.

Forms of coercive control of older persons:

  • Isolation: limiting the older person's contact with friends, family, or outside help, cutting off their social support network and leaving them feeling alone and vulnerable.

  • Intimidation: using threats, verbal abuse, or physical violence to intimidate and control the older person.

  • Financial control: restricting access to the older person's finances or taking control of their assets, leaving them financially dependent and vulnerable to exploitation.

  • Emotional abuse: using emotional manipulation, gaslighting, or other forms of psychological abuse to control the older person's thoughts, feelings, and behaviours.

  • Neglect: failing to provide the older person with basic care or necessities, such as food, water, or medical attention, in order to maintain control over them.

Coercive control of older persons can have serious and longstanding effects on their mental and physical health, leading to depression, anxiety, and other psychological and physical problems. Signs of coercive control may include changes in behaviour or personality.

Neglect

Neglect of older persons is a form of abuse. It involves failing to provide an older person with basic needs or care, which can result in harm, injury, or even death.

Forms of neglect:

  • Physical neglect: failing to provide adequate food, water, clothing, shelter, or medical care, which can lead to malnutrition, dehydration, hypothermia, or other physical harm.

  • Emotional neglect: failing to provide emotional support, care, or attention, which can lead to feelings of isolation, loneliness, or depression.

  • Financial neglect: failing to manage an older person's finances responsibly, which can lead to financial exploitation, poverty, or homelessness.

Neglect can occur as a result of intentional or unintentional behaviour, and may cause serious harm to an older person's physical and mental well-being. Neglect can also indicate the presence of other types of abuse, including physical or emotional abuse.

Signs of neglect in older persons include unexplained injuries, poor hygiene, or changes in behaviour.