Following our story last week on reporting elder abuse last week, we had a reminder from Bennett & Philp Elder Abuse Law and Litigation expert Charlie Young that financial abuse is still the most common form of abuse – affecting around five per cent of older Australians according to the Seniors Rights Service.
He gave us this advice if you suspect someone you know may be experiencing financial abuse:
- Call the police – no ifs, no buts
- Speak to the person
“Find out, if you can, the extent of the elder abuse including whether the person’s assets have been or are in danger of being stolen.”
- Seek assistance from a Court or Tribunal
“In some circumstances, proceedings need to be initiated in a Court or Civil and Administrative Tribunal depending on what the abuse is. For example, those proceedings may be to freeze someone’s bank account, to recover the elderly person’s stolen money or property, to have a contract reversed if an elderly person has been unduly influenced. Alternatively, you might apply for someone to take control of the elderly person’s financial or personal decisions (that is, by being made Administrator or Guardian).”
- Don’t think it’s too late when they’re gone
“What many people don’t realise is that steps can even be taken to rectify instances of elder abuse discovered after the elderly person passes away. For example, it is not uncommon for family members of a deceased to find that an attorney had previously been siphoning funds from the elderly person’s bank account, or that the elderly person was unduly influenced in preparing their last Will.”
Charlie adds that time limits can apply so it’s important to seek professional legal advice as soon as possible.
If you, or somebody you know needs help, you can contact the Older Person’s Advocacy Network (OPAN) on 1800 700 600.
