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Elder abuse has increased during pandemic, requires law reform
Elder abuse has continued to rise during the coronavirus pandemic with top industry leaders calling for a pressing need for law reform.
Tony Zhang
Elder Abuse Action Australia (EAAA) and industry sector leaders across banking, legal and human rights have called for national law reform as financial pressures on families increase during COVID-19.
“What we are seeing is a worrying trend towards parental plunder, and what I fear most is the instances will continue to occur with the mounting financial pressures Australians are currently facing,” Mr Herd partner at Brisbane-based law firm CRH Law said.
“We have seen at least two incidences per week at the law firm of what I would classify, elder financial abuse. The worrying thing is, in most cases, we aren’t aware the abuse is occurring until after the elderly person has passed.
“To address this worrying trend, considerable work needs to be done across all communities to explain the concepts and benefits of enduring documents such as powers of attorney, advance care directives and wills.”
As well as laws to protect older Australians from financial elder abuse, the cross-industry elder advocacy webinar also called for the harmonisation of laws around power of attorney laws in Australia.
Industry insiders say elder abuse more than doubled as the coronavirus pandemic isolates people and strains finances especially casual and part-time workers.
Gold Coast Community Legal Centre senior solicitor Ian Martin said he’d seen a significant increase in elderly people seeking help.
He had experienced a 110 per cent increase in advice on wills, estates and enduring powers of attorney, and a staggering 250 per cent jump in the actual dealing with elder abuse and improper financial conduct.
The experts agreed on the need for a single national database for powers of attorneys in Australia. At the moment every state and territory has a different approach and response, meaning there can be instances where there are two different powers of attorney being created.
Ms Patterson called for a law reform which requires a “harmonisation in legal powers” across states and territories.
“State and territory differences around power of attorney laws [make] it difficult for families to understand the rules and for authorities to investigate abuse of powers,” Ms Patterson said.
“National harmonisation of these laws is essential and is something that many different areas including legal, banking and other elder services are calling for to help combat financial elder abuse. It is time that happened.”
All the panellists agreed that they must be a united voice for the right of older people to be free from any abuse and that real cultural change, along with significant law reform, is required now.
Recently according to new data released by Seniors Rights Victoria (SRV) and the National Ageing Research Institute, 90 per cent of elder abuse is perpetrated by family members.
With COVID-19 putting considerable financial and psychological strain on Victorians, there are concerns more people will be turning to their parents for help.
