Addressing the signs of elder abuse
Written by Rachel Zarb
Elder abuse is any act which causes harm to an older person and is carried out by someone they know and trust such as a family member, friend or carer. The abuse may be physical, social, financial, psychological or sexual and can include mistreatment and neglect.
If you’re concerned that an older person with disability in your life is experiencing abuse, there are several options you can consider.
In emergencies or life-threatening situations, call triple zero (000).
If it’s not an emergency:
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can the person’s family, friends, service providers or supports assist by bringing the person to an understanding of the situation, involving them in the decision-making process and work together informally to address it?
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is there a need for advocacy? Organisations such as the Seniors Rights Service and Older Person’s Advocacy Network can assist by providing free and confidential legal advice, advocacy and support.
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is a referral to the Ageing and Disability Commission (ADC) required? The ADC’s role is to respond to reports of alleged abuse, neglect and exploitation of an older person or adult with disability caused by someone such as a family member, partner or neighbour. This may include providing information and support, engaging other professionals or an investigation.
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is the person willing to go to the police? Many police stations have dedicated Vulnerable Community Support and Aged Crime Preventions Officers who can provide information and referrals.
What if there's still concerns for the person?
If you have tried these options and there are still concerns for the person, there may be a need for guardianship.
“Applying for guardianship means you are asking for someone to be legally appointed to make health and lifestyle decisions on behalf of another person”, says NSW Public Guardian Megan Osborne.
“This should be a last resort option because it can be restrictive and impacts on a person’s right to make their own decisions.”
It's also important to think about the practicalities of guardianship, says Ms Osborne.
“Guardians can only make decisions for the person they represent; they do not replace the systems already in place to respond to crisis or crimes.”
“For example, a guardian can be appointed with the authority to decide who has contact with the person they represent. People should respect this authority; however, a guardian cannot control the actions of others and sometimes has limited ability to enforce a decision if others do not comply with it.”
“That’s why connections within the community and referrals to local support services are so critical”, says Ms Osborne.
Sadly, sometimes people who have been appointed as Enduring Guardian or Attorney for a person abuse their position.
In these cases, if you have a concern about the actions of the Enduring Guardian or Attorney, you can consider applying for a review of the enduring guardianship or power of attorney arrangements to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). NCAT can change the arrangements in the best interests of the person.
Definitions
- Tribunal
A legal forum to make and review decisions and settle conflicts. Tribunals are like courts but are usually more specialised and less formal.
Contact the Guardian Support Unit
Our Guardian Support Unit can help by talking with you about your situation and providing information and advice about applying for guardianship or requesting a review of guardianship arrangements.
For people already appointed as guardian, the Guardian Support Unit can also provide support for best practice decision-making.
Contact the Guardian Support Unit by calling 1300 361 389 or by emailing pg.engagement@opg.nsw.gov.au.