Elder Abuse – What It Means To Succession Law

Elder abuse is, unfortunately, a growing concern in legal, aged care, healthcare and family systems. By definition, elder abuse is when a person in a position of trust or power harms or mistreats an older person. 

In succession law, elder abuse can have serious long-term effects. It can place immense emotional strain on the older person, as well as their family and friends, and may lead to significant legal consequences. 

Abuse or undue influence can result in wills being challenged or set aside, disrupt long-standing estate plans, and prevent assets from being distributed in the way that was intended.

Quick Links:

1. What is Elder Abuse?
2. Why Elder Abuse Matters in Succession Law?
3. Why Has There Been a Rise in Elder Abuse?
4. How Does Financial Abuse Occur?
5. What Are the Signs of Elder Abuse?
6. Legal Measures to Prevent Elder Abuse and Neglect
7. What to Do If You Suspect Financial Elder Abuse

1. What is Elder Abuse?

According to the World Health Organisation, elder abuse is:

“Single, or repeated acts, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.” It’s important to note that it can be the result of intentional or unintentional neglect.

Main types of elder abuse:

• Physical Abuse – hitting, pushing, restraining, or use of force.
  
• Psychological & Emotional Abuse – humiliation, threats, verbal assaults, isolation, gaslighting.
  
• Sexual Abuse – any non-consensual sexual contact.
  
• Financial & Material Abuse – misuse of funds, stealing, coercing financial decisions, misuse of legal instruments (e.g. powers of attorney).
  
• Neglect – failure to provide basic needs (food, shelter, medical care, hygiene).
  
• Wrongful use of legal authority – misuse of Power of Attorney, undue influence over wills or other legal documents.

2. Why Elder Abuse matters in Succession Law

As we grow older, certain life changes can make us more vulnerable or dependent. These changes might include; shifts in decision-making capacity, health or memory challenges, or simply not being fully aware of the legal risks involved in certain situations.

In the context of succession law, these factors can leave older adults more susceptible to undue influence or elder abuse. 

Common warning signs of elder abuse can include:

• Changes to a will made under pressure, or in favor of an unexpected beneficiary.
  
• Misuse or manipulation of Enduring Powers of Attorney or similar legal authority.
  
• Transfers or gifts of assets in suspicious circumstances (e.g., when the older person does not fully understand what they are signing).
  
• The establishment of trusts or other entities without the older person’s knowledge or against their interests.

Recent research highlights the scale of the problem in Australia:

• Around 1 in 6 older Australians (65+) who live in the community reported experiencing some form of elder abuse in the past 12 months.
  
• The most common types include: psychological abuse (11.7%), neglect (2.9%), financial abuse (2.1%), physical abuse (1.8%), sexual abuse (1.0%).
  
• Perpetrators are often family members (frequently adult children) or people in trusted roles.
  
• Only about 1 in 3 older people who experience abuse seek help from a third party. 

Recognising these facts, raising awareness and implementing legal safeguards can all help protect our elder community from exploitation and ensure their wishes are respected.

3. Why has there been an increase in Elder Abuse?

Over recent years, elder abuse has been increasing or at least becoming more reported than it used to. Some of the key contributing factors include:

• Growing wealth among older Australians, particularly via property ownership and increased superannuation balances, increases what is at stake.
  
• Longer lifespans, so elders may live for many more years after incapacity begins, creating longer periods during which abuse or misuse can occur.
  
• Gaps in legal protection or estate structuring, such as inadequate oversight of Powers of Attorney, or wills and trusts that don’t have protection in place.
  
• Reduced awareness by elders or families about the legal risks, combined with social isolation or cognitive decline.
  
• Economic pressures (cost of living, financial stress) may increase incentives for abuse, including undue pressure or manipulation.
  
• Many estate plans are not designed to prevent elder abuse, and infrequent will reviews allow risks to grow over time. 

4. How does financial abuse occur?

Financial abuse is especially insidious in succession law, often coming to light only after serious damage has already occurred. Sadly, it is one of the more common forms of elder abuse and can have devastating long-term effects on both the older person and their loved ones.

Some common scenarios of financial abuse may include: 

• An older person losing capacity (or never having it for a particular decision) and not fully understanding what they are being asked to sign or agree to.
  
• Pressure or coercion being applied to influence decisions, change documents, or part with assets.
  
• Fraudulent conduct, including identity misuse or misrepresentation.
  
• A will being altered to remove or replace a beneficiary without a fair or genuine reason.
  
• Large gifts or asset transfers made in circumstances that suggest undue influence.
  
• An enduring power of attorney being changed to favour someone seeking financial gain at the elder’s expense.
  
• Trusts or other entities being created without the elder’s knowledge, or in ways that reduce their control.
  
• Important documents being signed under pressure, or without the benefit of independent legal advice.

5. What are the signs of elder abuse?

Some key warning signs to watch out for include:

• Sudden or unexplained withdrawals from bank accounts.
  
• Significant changes in financial condition – e.g. missing money, sudden inability to pay bills.
  
• Changes in legal documents: wills, powers of attorney, insurance policies, titles, insurance beneficiaries.
  
• Assets or valuables disappearing from the elder’s household or nursing home.
  
• Lack of medical care or unpaid bills despite sufficient funds.
  
• Legal or financial transactions the elder could not physically or mentally have carried out (e.g. ATM withdrawals when bedridden).
  
• Isolation from friends, family, or outside help; reluctance to discuss finances or estate planning; signs of coercion or influence from others.

6. Legal Measures to prevent Elder Abuse and Neglect

At ORG Solicitors, we are there to depend on when it counts. With years of experience in fighting elder law cases, our trusted lawyers combine robust legal strategies with genuine compassion and care. 

We work and live by three key principles when it comes to preventing elder abuse: 

• Listen with care to the experiences and concerns of elders and those who care for them.
  
• Encourage clients to speak up and take action if they ever suspect mistreatment or neglect.
  
• Share knowledge so others know how to recognise the signs of elder abuse and how to respond effectively.

These work as the foundation of a strong unit against elder abuse. In addition to these, we strongly recommend implementing the following legal strategies: 

• Regularly review estate planning documents (wills, trusts) with an experienced solicitor, especially after major changes in capacity or personal circumstances.
  
• Clearly appoint attorneys or equivalent representatives with appropriate oversight, such as multiple or independent co-attorneys.
  
• Obtain independent legal advice before executing large gifts, making amendments to wills, or changing powers of attorney.
  
• Structure protective trusts to limit unilateral control and include triggers requiring beneficiaries or attorneys to report certain actions.
  
• Ensure the elder has a trusted advisor or advocate—a family member, lawyer, or independent third party who is unlikely to benefit from the estate.
  
• Include protective clauses in wills or trusts to resist challenges, such as requiring proof of capacity at execution or measures to prevent undue influence.
  
• Maintain thorough documentation of decision-making processes, including medical or psychological assessments of capacity when relevant.

7. What to do if you Suspect Financial Elder Abuse

If you suspect an elder (a loved one, client, friend) is being financially abused:

1. Act early. The sooner you identify suspicious behaviour, the easier it is to preserve assets and prevent further harm.
   
2. Consult an experienced estate law solicitor to review existing legal documents.
   
3. Gather evidence – bank statements, copies of the will/power of attorney, correspondence, witness statements.
   
4. Seek medical or psychological assessment if capacity is in question.
   
5. Consider protective legal actions (e.g. injunctions, freezing orders), and contact relevant authorities or elder abuse helplines.
   
6. Support the elder emotionally. Confidence, trust, reassurance are often needed to enable further action.

Protect What Matters Most 

Elder abuse, especially financial, does not just affect money – it can rewrite someone’s entire legacy and spark legal disputes that fracture families. If you believe a loved one is being coerced to change their Will, having their Power of Attorney improperly used, or losing control of assets, the time to act is now. 

At O’Connor Ruddy & Garrett Solicitors, we help elders and their families by creating robust estate structures, reviewing critical documents, and enforcing legal protections. If you have even the smallest concern about elder abuse, contact us now for a free initial consultation. The earlier the intervention, the more likely we are to preserve your loved one’s estate for its intended purpose.

Contact us today to arrange your free, no-obligation consultation.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.

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