THIS column takes a break from the usual “Hypothetical” formula to address the important issue of elder abuse.
Elder abuse is an action or lack of action by someone in a relationship of trust that causes harm to an older person.
Older persons are particularly vulnerable to abuse due to frequent declines in their physical health and cognition.
Elder abuse can include neglect, financial abuse and domestic violence.
Unfortunately, reported instances of elder abuse are increasing.
The most common abusers are family members, friends and neighbours.
Adult children, who are often in their 50s and 60s, are the group most likely to engage in elder abuse.
The housing affordability crisis, the increase in property prices and increases in relationship breakdowns are causing many adult children to move back home.
These cases can also involve mental health issues, drug and alcohol abuse and unemployment.
More specific examples include instances where the older person is isolated from friends and family and support services.
The abuser may restrict access to services and limit living expenses to preserve their future inheritance. Sometimes abuse can take the form of the misuse of a power of attorney or other forms of theft.
Granny flat arrangements can also pose risks to older people.
Situations arise where an older parent pays a child a substantial sum of money to reside at the child’s property only to find that their accommodation is not appropriate or that their relationship with the child or the child’s partner deteriorates.
If the child’s relationship with their partner breaks-down, the elder can be forced to become involved in family law proceedings.
The number of older Australians is increasing as are instances of elder abuse.
A recent study found that 15 percent of over 65s had reported experiences of elder abuse.
Elder abuse is often hard to identify and elders are often reluctant to report abuse, so it is important for the community to be vigilant in this regard and critical that our elders obtain legal advice from experienced solicitors, particularly in relation to granny flat agreements, property transfers and estate planning.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
Spot on, Manny.