The Law Handbook 2024

882 Section 9: Health, wills and other legal issues affecting older people can also occur with carers or friends. Some examples of financial abuse are: • a family member borrowing money and promising to repay it, but not paying the money back, and/or alleging it was a gift; • abusing financial powers of attorney; • stealing money or using an older person’s bank or credit card without their consent; • forcing or pressuring an older person to not spend money in order to preserve an inheritence; • forcefully encouraging changes to a will, the title to a house or other legal document in a way that financially benefits the abuser; • selling property or assets belonging to the older person without their authority or consent; • forcing the transfer or sale of property or assets; • promising care/accommodation in return for the transfer of assets and then not providing the care/accommodation. Physical abuse Physical abuse includes any form of assault, such as hitting, slapping, shoving, pushing and burning. It also includes physical restraint, such as tying a person to a chair or bed or locking a person in a room. Psychological or emotional abuse Psychological or emotional abuse is the infliction of mental or emotional anguish by threats, humiliation or other verbal or non-verbal conduct. Examples of psychological/emotional abuse are: • verbal assaults; • humiliation; • threats; • harassment; • intimidation; • other abusive behaviours that result in emotional or psychological distress. Psychological abuse may make the older person feel ashamed or powerless and often occurs in combination with other forms of abuse. Social abuse Social abuse is preventing a person from having contact with relatives, friends, service providers and other people, or restricting the person’s activities, thereby increasing their sense of isolation. Some examples of social abuse are: • confining a person to their home or room; • preventing a person from answering the phone or door; • depriving the person of access to transport; • intentionally embarrassing the person in front of others; • stalking. Sexual abuse Sexual abuse is any sexual activity or behaviour for which the older person does not consent or is incapable of giving consent (e.g. a person with advanced dementia). Sexual assault and abuse includes a range of offences, such as rape, indecent assault and sexual harassment. Sexual abuse can also include sexually exploitative or shaming acts such as: • leaving a person in a state of undress; • forcing a person to view sexually explicit materials; • making sexually suggestive comments; • exhibitionism; • touching a person inappropriately; • making uninvited sexual approaches. Neglect Neglect occurs when an older person is deprived of the basic necessities of life. There are two types of neglect: active and passive. Active neglect Active neglect is the deliberate withholding of basic care or necessities and includes: • leaving an older person in an unsafe place or state; • abandoning an older person; • not providing an older person with adequate clothing, food and liquids; • stopping an older person from accessing medical treatment; • not treating an older person when they are unwell; • over-medicating or under-medicating an older person. Passive neglect Passive neglect is the failure to provide proper care to an older person. This may occur unintentionally and can be due to a carer’s stress, lack of knowledge or ability. A remedy for passive neglect may be getting supports for both the carer and older person.