What is Elder Abuse and why does it matter
As Australia’s population ages and lifespans increase, the legal needs of older Australians are evolving rapidly. Alongside issues like incapacity, retirement living, and aged care decisions, one deeply concerning topic continues to emerge: elder abuse.
At Vicca Law, we’re increasingly supporting clients through elder law issues—including situations involving suspected abuse, confusion around decision-making powers, and concerns about enduring powers of attorney. In this article, we introduce the concept of elder abuse, explain why it matters, and outline the legal challenges many families are now facing.
Understanding Elder Law in Australia
Elder law is a broad legal field that encompasses issues affecting older Australians, including:
Retirement living and aged care contracts
Guardianship and QCAT proceedings
Financial and emotional elder abuse
The common thread? Protecting the dignity, rights, and autonomy of older people—especially as they become more vulnerable due to illness, cognitive decline, or isolation.
With Australians living longer than ever and the largest generational wealth transfer in history underway, elder law matters are becoming more complex, more common, and more urgent.
What Is Elder Abuse?
Elder abuse is any act that causes harm or distress to an older person, typically within a relationship of trust. It can be:
Financial abuse (e.g. misuse of money, unauthorised changes to bank accounts or Wills)
Emotional abuse (e.g. intimidation, humiliation, coercion)
Physical abuse
Neglect
Social abuse (e.g. isolating someone from family and friends)
In our practice, the most common form of elder abuse we encounter is financial abuse—often involving a family member misusing an Enduring Power of Attorney (EPOA).
Why Elder Abuse Is Increasing
Several factors are contributing to the rise in elder abuse cases:
Longer lifespans, which increase the chance of cognitive decline or dependency
Larger estates, which raise the financial stakes in families
A lack of centralised enforcement, with legal protections varying widely by state
A gap in understanding, as attorneys and family members often misunderstand their duties
In Queensland, for example, new coercive control laws currently apply only to domestic partners—not to family members. This means that if an adult child is coercively controlling their parent, it’s not a criminal offence, and families must resort to civil action for intervention.
Real-World Examples from Our Practice
Here are just a few scenarios we’re seeing more frequently at Vicca Law:
Adult children acting as attorneys are unsure how to interpret their parent’s changing wishes—particularly if they conflict with the EPOA or AHD.
Older couples appoint each other as attorneys, but both lose capacity around the same time, leaving no clear fallback.
Attorneys seek advice after discovering they’ve been left without the legal authority to act due to outdated or improperly executed documents.
Family members suspect another sibling is financially exploiting a parent, but don’t know what action they can take.
If you’re navigating one of these situations, know that you’re not alone—and that early legal guidance can make all the difference.
Why Elder Law Matters
At its heart, elder law is about respect, autonomy, and protection. Elder Australians deserve to have their voices heard and their wishes upheld—even when they lose capacity. They deserve transparency in decision-making and protection from financial, emotional, and systemic abuse.
If you’re acting as an attorney for an older loved one, your awareness and integrity are key. The fact that you’re seeking advice and acting with care means you’re already doing more than many.
What You Can Do
Review and update enduring powers of attorney and Wills regularly.
Have open conversations with older relatives about their wishes and the role of attorneys.
Be alert to signs of financial or emotional abuse.
Seek legal advice if you’re unsure about your authority or responsibilities.
Remember: you are not alone, and there are steps you can take to protect your loved one.
Need Help Navigating Elder Law Issues?
At Vicca Law, we’re here to help you understand your rights, responsibilities, and options when it comes to elder law matters. Whether you’re an attorney seeking guidance, a concerned family member, or an older person facing a difficult decision, we provide clear, compassionate advice.
Book a consultation with Lidia Vicca today, or browse our helpful articles and podcast episodes on elder law, estate planning, and protecting legacies.