Not all forms of abuse of an older person will be considered elder abuse.
An essential part of elder abuse is that the person committing the abuse holds a relationship of trust with the older person. The expectation of trust can arise in a family or carer relationship, or in a formal “payment for services” relationship.
Such relationships can include those between an older person and their:
Elder abuse can be committed against an older person by any one of these trusted people.
In each case, the trusted person takes certain action, or doesn’t act when they should, and in doing so they bring harm to the older person.
It is not necessary to show the action or inaction was intentional; in many cases elder abuse results from negligence (a failure to take proper care) rather than from purposeful behaviour.
Elder abuse can take many forms and it may not always be obvious to other people. It includes:
examples of this type of abuse include when a trusted person:
examples of this type of abuse include when a trusted person:
examples of this type of abuse include when a trusted person:
examples of this type of abuse include when a trusted person:
examples of neglect include when a trusted person:
Elder abuse can occur in many different contexts. Some examples are when:
Elder abuse, no matter what form it takes, robs a person of their autonomy, dignity and right to self-determination. It is important that anyone who is being abused, or who knows an older person who is being abused, report and act upon it.
If you are an older person who believes they are being subjected to a form of elder abuse it is important that you speak up and seek assistance and advice.
If you are someone who knows an older person who you believe is being subjected to elder abuse, it is equally important that you try to help them. The starting point is to have a conversation with the older person about the abuse and to offer your support. If you are given permission, your support can extend to reporting the abuse and to seeking legal or other assistance with the older person.
If you are someone who knows an older person who, by reason of disability or a medical condition such as dementia, is unable to report or seek assistance, it is imperative that you step in to help them.
Some of the places elder abuse can be reported to, and advice and assistance can be requested from, include the following:
Importantly, Segelov Taylor Lawyers can also advise you on action to take in response to elder abuse and your rights and entitlements.
Making a claim in relation to elder abuse is often complex and different laws govern different forms of such abuse. For example, Commonwealth legislation governs elder abuse associated with financial institutions, social security, superannuation, veteran’s entitlements and aged care. State and Territory legislation governs laws relating to enduring powers of attorney and guardianship, wills and probate, retirement villages and the transfer of assets as well as criminal offences.
Given the complexities that often surround the circumstances of elder abuse, and the fact that there are different laws for different forms of such abuse, it is often advisable to seek legal advice to determine what legal rights an older person may be entitled to pursue.
Segelov Taylor lawyers specialise in elder abuse matters and are able to offer advice to older persons, or others seeking to assist older persons, on their rights and entitlements. We offer a free initial telephone consultation, during which we can discuss your circumstances and offer you some preliminary advice on the next steps you can take. Where a claim for damages is made, we act on a “no-win, no-fee” basis.
When we agree to act, we will act on a ‘no win no fee’ basis for persons who have suffered from elder abuse.
We will undertake a preliminary investigation of any claim on a ‘no win, no fee’ basis. In the event, following the investigation we recommend that you commence a claim, we will act for you on a ‘no win, no fee’ basis. If we do not recommend a claim you will not be charged for any of the costs incurred in investigating your claim.
We will provide you with a Retainer and Costs Agreement in which we will undertake to pay all the disbursements incurred in litigating your claim (court fees, fees for expert report) and not charge you for the legal costs as your matter progresses. If you are not successful in your claim, you will not pay our costs or disbursements. If you are successful in your claim, then you will recover most of your costs from the defendant.
Legal options will depend on the individual circumstances, including the nature of the abuse, and the person(s) responsible.
Actions may include:
The individual facts of each matter will determines which form(s) of compensation is most appropriate. Different issues, including time limits, apply to depending on the facts. Segelov Taylor Lawyers can provide expert assistance and guidance on options available for individuals. Some types of claim may be brought together, while others involve giving up other rights.