MATTHEW is concerned his grandmother, Mable, may be the victim of elder financial abuse.

He describes his grandmother as “old and frail, depressed and vulnerable”.

Matthew is aware that Mable has a large amount of money in her bank account after recently selling her home and moving into a retirement village.

Examples of elder financial abuse include; incurring bills for which an older person is responsible, stealing money or goods, abusing power-of-attorney arrangements, refusing to repay a loan, living with someone who is not helping to pay for expenses, failing to care for someone after agreeing to do so in exchange for money or property, and forcing someone to sign a will, contract or power-of-attorney document.

Mable has told Matthew that her neighbour has been using Mable’s credit card to buy her groceries and pay her bills.

Matthew contacts a solicitor and expresses his concerns.

The solicitor contacts Mable directly and arranges a consultation. The solicitor discovers that Mable has mobility issues, so a home visit is scheduled. The solicitor sees Mable alone.

After identifying himself and explaining that the meeting is confidential, the solicitor asks Mable about her family and her financial affairs.

The solicitor avoids using legal jargon and listens carefully. Mable has difficulties hearing and is slow to respond.

She is nonetheless able to identify the members of her extended family, including her many grandchildren and detail her financial circumstances.

Mable says that her mobility issues are preventing her from properly managing her affairs.

The solicitor recommends she executes an Enduring Power of Attorney. Mable decides to appoint two of her children jointly. She later discusses this with Matthew, who is relieved that the neighbour will have no authority over Mable’s affairs.

As a precaution, the solicitor obtains a medical certificate regarding Mable’s capacity and the Enduring Power of Attorney is executed by Mable shortly thereafter.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This column is only accurate at today’s date and cannot be relied upon as legal advice.