Elder Abuse
The population growth in Australia, with the advancement of medicine and our lifestyle has meant that the average age of a woman is 86.5 years and a man 83 years.
whilst in our working life, we are encouraged to build up our financial wealth, and to not rely on the state pension by building up our superannuation funds.
There are several types of abuse of the elderly that are generally recognized as being elder abuse, including:
Sadly often the abusers are those closet to a person, such as a family member or a good friend.
Physical abuse and neglect can result in police action. it is often hard to detect if the elderly are unable to communicate what has happened or are unwilling to do so.
The common issues concern whether the elderly person has capacity to make their own financial and other decisions, and in situations that they are not, who then is the right person to make those decisions.
Most commonly when preparing a will, a lawyer will provide advice to sign a Power of Attorney and Enduring Guardian, to allow someone else (if they are willing) to make those important decisions when someone is unable to make the decisions themselves.
The default position, that is commonly seen is that the NSW trustee is appointed if there is no one available or it is felt that it is the right choice in any particular circumstances.
The difficult questions for the law is determining when someone is unable to look after their affairs. Reliance is placed on what medical evidence is available as well as any other evidence..
In recent years, in NSW for example, the Guardianship Division of NCAT, has had a marked increase in disputes about who is the right person to make these decisions, and whether there has been financial abuse of an elderly person.
There has also been a number of court actions from one family member asking an Attorney or family member to explain the financial position of the elderly person or to explain why assets, such as property transfers for no consideration or well below market values, have been transferred.
The importance placed on making sure that the right person is chosen to manage someone’s affairs, when they cannot, is such an important step.
The role played by someone empowered to look after someone’s health and finances, cannot be more important.
The role of your will, Power of Attorney and Guardian is essential to make sure that a planned approach is taken by the elderly person and to avoid any financial abuse or to minimise the chances of that occurring.
Please contact Culleton lawyers to discuss what is the right decisions for you or family member.