The Dark Side!
Financial exploitation of the elderly by enduring attorneys has
become a serious problem. It has become apparent because of
increasing levels of dementia and resulting incapacity of older
Australians.
The problem arises for many reasons. It is not helped by
the fact that the person often appointed is a family member and
there is a lack of understanding of the policy settings comprised
in state legislation. Arguably, the policy settings need
review to provide greater protections for the elderly.
Financial abuse is the most prevalent abuse of the elderly and
the biggest factor in this is the abuse by enduring
attorneys. A study by the Crime Research Centre at the
University of Western Australia [1] (at p.1) -
"Financial abuse was by far the most frequently mentioned type
of abuse during the interviews and focus groups and it is also the
most common type of abuse recorded in the agencies' quantitative
data. Misuse of Enduring Powers of Attorney was the most
frequently mentioned financial abuse issue, followed by the
perceived responsibilities of Banks to increase protection of
vulnerable older people's accounts."
The extent of elder abuse in WA or Australia is difficult to
determine. There is no universal or consistent understanding
of what constitutes elder abuse. What age would constitute an
elder? The characterisation of conduct becomes difficult as
to whether it goes beyond private family matters into the realms of
criminal conduct. It is easy to see why there is a lack of
uniformity in the collection of data in this area.
The same report stated (at p.2) -
Elder abuse lags far behind child abuse and domestic violence in
terms of public recognition and social responses. A public
education campaign is required to promote the importance of this
issue and alert people about older people's rights and assistance
available.
It all goes to emphasise the need to PLAN early and
appropriately; to get good advice and implement sound decisions to
plan for your future.
[1] Examination of the Extent of Elder Abuse In
Western Australia: a qualitative and quantitative investigation of
existing agency policy, service responses and recorded data, Clare
and ors, Crime Research Centre The University of Western Australia,
April 2011