The Law Handbook 2024

Chapter 9.2: Legal issues affecting older people 881 of physical abuse, emotional abuse and neglect in aged-care settings is 39.2 per cent (https://agedcare. royalcommission.gov.au) . In December 2021, the Australian National Elder Abuse Prevalence Study Final Report (https://aifs. gov.au/research/research-reports/national-elder- abuse-prevalence-study-final-report) was released. This study was commissioned by the Commonwealth Attorney-General’s Department and is the most comprehensive research into elder abuse in Australia to date. It found that 15 per cent of people aged 65 and over had experienced some form of elder abuse within the last 12 months. The study excluded people with cognitive impairment and those who live in aged care. Consequently, the prevalence of elder abuse across the whole elder people cohort must be significantly higher. Who experiences elder abuse? Elder abuse can happen to any older person. Research completed by the National Ageing Research Institute ( NARI ) – based on data provided by Seniors Rights Victoria about its clients over a seven-year period – suggests that victims are more likely to be female (72.5 per cent). However, the proportion of older men experiencing elder abuse may be higher, but this is not showing up in the data because they are not seeking help. The National Elder Abuse Prevalence Study found that, overall, the prevalence of elder abuse is similar for men and women; however, men were slightly more likely to experience physical abuse, and women were more likely to experience sexual abuse and neglect. Elder abuse occurs to older people from all cultures and backgrounds. There is no evidence that elder abuse is greater in different cultural groups. However, experiences of elder abuse vary for people from different cultures. An understanding of cultural factors is important when seeking to assist someone who is experiencing elder abuse. Under-reporting If abuse occurs, often the older person suffers in silence for the following reasons: • they feel ashamed about their family member’s behaviour; • they don’t want to reveal their personal problems to strangers; • there is a tendency to excuse their family member’s behaviour; • they are reluctant to get their family member into trouble – especially because older people impacted by elder abuse have often never had any interactions with lawyers or the police; • there is little understanding of the long-term legal and/or financial implications of, for example, transferring property or gifting money. Who perpetrates elder abuse? The NARI data suggests that perpetrators of elder abuse are both male (60 per cent) and female (40 per cent). The NARI data also shows that approximately 92 per cent of abuse is perpetrated by people related to the older person or in a de facto relationship with the older person and two-thirds (67 per cent) of abuse is perpetrated by a child of the older person. The National Elder Abuse Prevalence Study also found that elder abuse is mostly committed by family members, with adult children being the most common perpetrators, followed by intimate partners, then partners of adult children, and grandchildren to a much lesser extent. Adult children were the most likely to commit financial, physical and psychological abuse. Sons were almost twice as likely as daughters to commit financial abuse. Adult children were on par with intimate partners as perpetrators of neglect. Types of elder abuse Elder abuse may be physical, social, financial, psychological or sexual abuse and can include mistreatment and neglect. Often a person will experience more than one type of elder abuse at the same time. The NARI analysis of Seniors Rights Victoria’s data shows that financial abuse and psychological/emotional abuse together are the most common forms of abuse reported by older Victorians (82 per cent). The National Elder Abuse Prevalence Study found that psychological abuse was the most common type of abuse at 12 per cent. Financial abuse Financial abuse is the illegal or improper use of a person’s property, finances or other assets without their informed consent or where consent is obtained by fraud, manipulation or duress. It usually occurs between an older person and a family member but