Elder Abuse
As part of our series on elder law, this article addresses a difficult but increasingly common issue: elder abuse. While it’s not an easy topic to confront, it’s an essential one, especially as more families find themselves navigating the complexities of ageing, decision-making authority, and financial vulnerability.
At Vicca Law, we are seeing a significant rise in cases involving elder abuse, particularly in the form of financial exploitation. This article outlines what elder abuse can look like, the legal challenges involved, and how families can take action.
What Is Elder Abuse?
Elder abuse is any action or inaction that causes harm to an older person within a relationship of trust. This can be intentional or unintentional and often occurs behind closed doors. The abuse may be physical, emotional, financial, sexual, or the result of neglect.
The most common type of elder abuse we encounter in legal practice is financial abuse. This includes:
Misuse of bank accounts and financial resources
Coercion to alter Wills or transfer property
Pressuring an elder to sign loans or guarantees
Early inheritance schemes or forced gifting
Abusing attorney powers under an Enduring Power of Attorney (EPOA)
In many cases, the elder person is subject to undue influence or coercive control, especially if they’re physically frail, isolated, or dependent on the abuser for care.
Forms of Elder Abuse
While financial abuse is most common in legal matters, elder abuse can take many forms:
Financial abuse: Misusing funds, assets, or legal authority to benefit the abuser, often under the guise of “helping” the elder.
Psychological abuse: Intimidation, threats, and emotional manipulation such as threatening to put the elder in a nursing home unless they comply with demands.
Neglect: Failing to provide food, medication, or medical care. This may be intentional or a result of inexperience or overwhelm.
Physical abuse: Causing physical harm, which may be hidden or explained away by the abuser.
Sexual abuse: Any unwanted sexual contact or behaviour towards an elder person, particularly where there is cognitive impairment.
One of the biggest challenges with elder abuse is identifying it. Many elders are afraid to speak up, and the signs are often subtle. It usually takes a concerned family member, friend, or professional to recognise the red flags and seek legal advice.
Capacity and Coercion
A person does not need to lack capacity to be a victim of financial elder abuse. In fact, many elders technically have capacity but feel forced into decisions out of fear, fear of abandonment, homelessness, institutionalisation, or retaliation.
Examples of coercive control include:
Threatening to withhold medication, care, or access to family
Demanding money or property in exchange for basic support
Forcing the elder to change their Will or sign documents under pressure
These are all forms of abuse, even if the elder “agrees” under duress. Coercion undermines free will, and the law recognises this in both civil and criminal contexts.
The Legal Gaps in Australia
Unfortunately, there is currently no central agency or national framework for addressing elder abuse in Australia. Each state and territory has its own legal processes, and some forms of abuse fall through the cracks.
For example, Queensland’s new coercive control laws apply only to domestic partners, not to family members like adult children. This means that coercive behaviour from a relative may not be a criminal offence, even if it causes serious harm.
Legal remedies do exist such as applying to QCAT to remove an attorney or pursuing civil claims in equity but they can be time-consuming and emotionally exhausting.
What You Can Do If You Suspect Elder Abuse
Listen to the elder person without judgement. Take their concerns seriously.
Document changes in behaviour, finances, or living conditions.
Seek legal advice early, even if you’re unsure whether abuse is occurring.
If you are an attorney under an EPOA, make decisions in the elder’s best interests and be transparent about your actions.
If you are concerned about elder abuse in your family or community, trust your instincts. It’s better to ask questions and be wrong than to remain silent and regret it later.
Get Expert Advice on Elder Law and Abuse
At Vicca Law, we support families across Queensland in navigating elder law with compassion and clarity. If you’re worried about an older person’s wellbeing or legal rights, we’re here to help.
Visit www.viccalaw.com.au to book a consultation or explore our articles on elder law, Enduring Powers of Attorney, and guardianship.