Brooke Vitnell is a solicitor with David A Vitnell Solicitors in Medowie with experience in family law.
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Here she answers some questions on the issue elder abuse in Port Stephens.
Is elder abuse a problem or cause for concern in Port Stephens?
Our firm has noticed climbing rates of financial elder abuse over the past few months.
In Port Stephens the proportion of our population over 65 is 22.6 per cent, we have a significant elderly population here.
Has Covid-19 had an effect on the prevalence of people seeking your assistance with legal issues around elder abuse?
We have noticed an increase in inquiries and elderly members of the community reaching out for assistance.
There has also been an increase in family members raising their concerns that other members of the family may be altering legal documents drafted elsewhere or even fraudulently drafted.
Many seniors in our community due to COVID-19 may not have access to transport or are choosing to remain at home as they are at increased risk of the pandemic.
Increasing isolation may lead to the circumstances in which the only visits an older person receives could be from their perpetrator(s) of the abuse.
What are the main types of elder abuse that you are seeing in your professional dealings?
One of the most common forms of elder abuse we encounter is financial coercion.
For Lawyers, some of the tell-tale signs of financial coercion and abuse include an elderly person frequently changing their legal documents (Wills, Power of Attorney, Enduring Guardianship) in favour of certain members of family over others.
Some victims are unaware that the financial abuse is occurring as members of family control their finances and statements or refuse to provide invoices for alleged spend.
Red flags are raised if an elderly client feels pressure from family or friends to change their legal documents.
In NSW, five forms of abuse of older people are recognised:
- Financial abuse
- Psychological abuse (including social isolation)
- Neglect - intentional or unintentional. (This does not include self-neglect or self-harm)
- Physical abuse
- Sexual abuse
These types of abuse are not often reported and can be silent crimes.
One's age should have no bearing on one's right to live free of financial or physical abuse.
What legal avenues are there for people who suspect they are victims of elder abuse?
Victims, in certain circumstances, can update their legal documents to remove authority for the offending members of the family or offending acquaintances.
Abuse is illegal and any concerns should always be reported to the police on 000.
An investigation can also be requested by victims or concerned family with the New South Wales the Ageing & Disability Commissioner. Victims and family can also call the Elder Abuse Hotline on: 1800 628 221.
What services do you provide for those who are suffering from elder abuse?
Solicitors can discuss the matter with an individual and assist in filing a report on their behalf with the Ageing & Disability Commissioner.
We aim to simplify the process of connecting people to services and information tackling elder abuse and see this as a key service to the community.
If you are a victim of elder abuse, physical or financial or you suspect someone in your family is at risk, call police.
You can also file a report with the Ageing & Disability Commissioner and call the Elder Abuse Hotline on: 1800 628 221.
- Related reading: REACH OUT AND RECONNECT: Do you know someone at risk of elder abuse?
