What is elder abuse?

Elder abuse is any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse can include physical, sexual financial, psychological, social and/or neglect. Harmful actions by strangers are usually not considered elder abuse.

Who are the victims of elder abuse?

Although elders who have mental or physical disabilities are at the greatest risk, elder abuse can happen to anyone. More women than men live to be elders, but both sexes are equally at risk. Some older adults are abused by their spouses or by their children, others by caregivers in institutions. As with other types of abuse, those who abuse elders usually keep the victim socially isolated.

What types of elder abuse occur?

There are two categories of elder abuse:

1.

Domestic Elder Abuse: maltreatment of an older person by someone who has a special relationship with the elder (spouse, sibling, child, friend, caregiver)

2.

Institutional Elder Abuse: maltreatment of an older person that occurs in residential facilities for older persons (nursing homes, group homes, board and care facilities)

1: Financial or Material Exploitation : the illegal or improper use of an elderly person's funds, property or assets

· withholding money from the elder

· the unauthorised cashing of an elderly person's cheque

· forcing an elderly person to sell personal property

· stealing an older person’s money or possessions

· misusing Power of Attorney

2: Emotional/Psychological: the infliction of anguish, pain or distress through verbal or non-verbal acts

· humiliating, insulting, name calling or threatening

· treating an elderly person like a child

3: Neglect: the refusal or failure to fulfill any part of a person's obligations or duties to an elderly person; failure to provide necessary care

· withholding food, medical attention and other necessaries of life

· leaving an older person in an unsafe or isolated place

4: Physical: use of physical force that may result in bodily injury, physical pain or impairment

· physically assault an older person by punching, slapping, shoving etc

· forced confinement in a room, bed or chair

· overmedication

· isolation

5: Sexual: nonconsensual sexual contact of any kind with an elderly person

· unwanted sexual discussion

· sexual molestation

· unwanted touching

· rape

6: Self-Neglect: behaviour of an elderly person that threatens their own safety or health

· refusal to provide themselves with adequate food, water, clothing, shelter

· refusing medication

What is financial abuse?

Financial abuse of the elderly takes many forms. It may involve someone close to an older person forcing him or her to sell personal property. Force can be direct through threat of physical harm or abandonment/or the actual infliction of physical harm. It can also be less direct, through harassment where the older person is subjected to continual pleas regarding the financial needs of the abuser and finally “gives in for some peace”. Abusers can steal the money or possessions of the older person. Sometimes, a relative or caregiver will take a pension cheque from an elder, or coerce an elder into cashing the cheque and handing over the funds. The wrongful use of power of attorney is elder abuse. Elders are also sometimes abused through fraud or forgery. These are all crimes.

Unfortunately, financial abuse is quite common. Adult children take money from their parents’ bank accounts, take loans which they never repay, and sometimes obtain title to the family home. Adult children can also withhold money from their parents. Sometimes, the abuser does not realise that they are abusing the elderly person believing they are looking out for the interests of the elder by controlling their finances and authorising what the elder can and can not spend their money on.

What are some of the signs of financial abuse?

The following are possible indicators that an older person is being abused financially. Possible indicators of financial abuse are:

Unusual or inappropriate activity in bank accounts. ATM withdrawals when the person cannot walk or get to the bank Signatures on checks, etc., that do not resemble the older person's signature, or signed when older person cannot write

Power of attorney given, or recent changes or creation of will, when the person is incapable of making such decisions

Unusual concern by caregiver that an excessive amount of money is being expended on the care of the older person

Numerous unpaid bills, overdue rent, when someone is supposed to be paying the bills for a dependent elder

Placement in nursing home or residential care facility which is not commensurate with alleged size of estate

Lack of amenities, such as TV, personal grooming items, appropriate clothing, that the estate can well afford

Missing personal belongings such as art, silverware, or jewelry

Deliberate isolation, by a housekeeper, of an older adult from friends and family, resulting in the caregiver alone having total control

The elder suddenly begins withdrawing money from accounts

The elder’s living conditions do not match his or her assets

Sudden changes in the elders will

Malnutrition

What should be done if financial abuse is suspected?

It is important to explain financial abuse to older people so that they understand their rights and options. Sometimes, all an elder needs is information about alternate ways of handling money (e.g. direct deposit, or power of attorney). If theft or fraud has occurred, the police may be called in if the elder agrees.

Elders who are mentally impaired are especially vulnerable in relation to financial abuse. In such cases, where financial abuse is suspected, an Advocate, and/or the Public Guardian’s Office should be contacted.

If the elder recognises that they are a victim of financial abuse and wishes that abuse to be stopped immediately, the elder can direct an Advocate or support person to instigate all or some of the following actions;

The elder signs a Letter of Authority Form allowing the Advocate to act on their behalf with their bank and other relevant persons/agencies.

The Advocate or support person can then:

Obtain forms to close and open new bank accounts. Ask the Bank staff to fill in the forms just leaving the relevant signature line vacant.

Ask the elder to sign the necessary forms.

Attend the bank/s and close all bank accounts belonging to the elder, transferring the funds into newly opened bank accounts.

Change all personal details in the Bank’s records belonging to the elder to reflect their present circumstances; address etc.

Request all future Statements and correspondence be forwarded to the elder or their nominated agent.

Cancel any other signatories to the elder’s accounts that the Bank may have on record and arrange for the destruction of Copies of Signatures held.

Request Copies of Statements for the past 12 months be forwarded to the elder.

Place on record a notification in the Bank’s records that all transactions will be accompanied by a Letter of Authority.

Contact Centrelink and have the elder’s pension transferred to the newly created account.

Discuss with the Social Worker of Centrelink any support services they may be able to access for the elder.

Many elders in nursing homes prefer that Centrelink pay their pensions directly to the nursing home and the nursing home passes on to the elder the monetary difference. This desire can be a real need as a consequence of the abuse, the elder feeling that they have failed in administering their finances.

Provide the elder with information regarding future administration of their finances, Power of Attorneys etc.

Identify and contact the relevant persons/agencies involved in the financial affairs of the elder; solicitor, broker, insurance agent, real estate agent etc.

Contact the elder’s solicitor and make arrangements for the elder to review their will. The solicitor will attend the nursing home.

Authorise the notation on the bank computer of any relevant information to be attached to the elder’s account eg. James Smith, D.O.B. 25/6/1970, is not allowed access to his mother’s account as the Power of Attorney he holds has been withdrawn by the Courts.

Contact the Police.

Request the Bank investigates any irregularities in the account.

Request Centrelink investigates any irregularities in the procedures required by the Agency with reference to pension payments. This can include be undeclared monies received from the elder, if the abuser is also a pension recipient.

It is important that the elder gives informed consent to all actions undertaken by the Advocate or support person knowing the consequences which may flow from their actions.

A powerpoint presentation by Gerry Naughtin on Elder Abuse