In Australia, more and more elderly parents are experiencing abuse by family members for a variety of reasons, including economic and financial stressors. This abstract provides an overview of the prevalence of elder abuse in the context of family separations.
Elder Abuse is defined as “any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse may be physical, sexual, financial, psychological, social and/or neglect.”
In Victoria, a recent study by the National Ageing Research Institute (Joosten et al., 2015), commissioned by Seniors Rights Victoria (SRV), found that the most common concerns raised in relation to elder abuse were about financial abuse (61%) and psychological or emotional abuse (59%). Elder abuse issues were most commonly reported in relation to female victims (73% females cf. 28% males) and the most commonly reported perpetrators were male (60% males cf. 40% females). The majority of perpetrators of the abuse reported to the SRV helpline were children of the victim (67%).
This presentation will outline the various “red flags” to consider in elder abuse cases, using practical examples from recent case studies as a guide.
The presentation will also consider:
- The use of intervention orders in elder abuse cases
- The impact of health concerns including dementia and how this might impact the legal definition of a separation and the outcome of a property settlement
- The process to appoint a litigation guardian
- How the court may deal with the misuse of a power of attorney
- The interplay between State based Courts (such as VCAT in Victoria) and the Family Law Act 1975 (Cth)
- Where assets have been misappropriated, can they be clawed back and in what circumstances?