Elder Abuse in Australia

Elder abuse is an increasingly urgent issue in Australia and across the globe. It encompasses a range of harmful acts perpetrated against older individuals—often by family members or those in positions of trust. These acts may be financial, emotional, psychological (such as threats and humiliation), social (including neglect and isolation) or even sexual.

At Farrar Gesini Dunn, we are seeing a significant increase in the number and complexity of elder abuse cases. We believe this troubling trend may be driven by several converging factors:

Rising Drivers of Elder Abuse

Cost of Living Pressures: Financial stress is leading some individuals to turn to the so-called “Bank of Mum and Dad” in inappropriate or exploitative ways.

Post-COVID Isolation: The restrictive measures introduced during the pandemic increased social isolation and dependence, creating environments ripe for abuse.

Aging Population: By 2026, over 8.7 million Australians are projected to be aged 65 or older—a 22% increase from 2016. Compounding this, the number of people living with dementia is expected to rise exponentially, increasing vulnerability.

The Importance of Vigilance

Unlike other regulated roles, there is no external oversight of individuals appointed under a Power of Attorney. This lack of scrutiny makes it crucial that families, communities, and professionals are educated and empowered to recognise red flags of elder abuse—and take action to protect those at risk.

Common Warning Signs of Elder Abuse

Whether physical, emotional, financial or environmental, abuse can present in various forms. Our team are trained to look out for these signs and it is vital that the community are able to recognise and report where appropriate.

Physical and Environmental Indicators

Unexplained or repeated injuries: Bruises, burns, fractures, or scars without clear explanation.
Poor hygiene: A decline in personal care or cleanliness.
Unsafe living conditions: Hoarding, pest infestations, or lack of basic utilities.
Malnutrition or dehydration: Rapid weight loss, dry skin, or signs of starvation.
Untreated medical needs: Missing glasses, hearing aids, or neglected medications.

Emotional and Behavioural Signs

Mood changes: Sudden depression or fearfulness.
Fear of certain individuals: Nervousness or hesitation around a specific caregiver.
Social withdrawal: Avoiding friends, family, social contact, or withdrawal from activities.
Verbal mistreatment: Observations of yelling, degrading, or demeaning language.

Unusual financial activity

Missing valuables.
Large withdrawals.
Unpaid bills.
Changes to legal documents: ie wills or powers of attorney, particularly when the elder appears confused or pressured.

Caregiver Red Flags

Dependency or exploitation: Caregivers living off the elder’s assets without providing appropriate care.
Controlling behaviour: Restricting visitors or phone calls.
Signs of confinement: Inappropriate use of locked doors or restraints.
Aggression or defensiveness: Hostile response to inquiries about the elder’s condition.
Substance abuse: Caregivers with addiction issues may pose higher risks.
Lack of assistive devices: Missing walkers, canes, or hearing aids despite need.

The Role of Interdisciplinary Support

Protecting the rights and wellbeing of older Australians requires a collaborative, interdisciplinary approach. Legal practitioners, medical professionals, accountants, and financial planners must work together to develop well-rounded strategies that consider a person’s medical, financial, family, and legal circumstances.

At Farrar Gesini Dunn, we take pride in working alongside trusted professionals to support our mutual clients. Through the creation of thoughtful, tailored estate plans and proactive engagement, we ensure our clients’ dignity, independence, and best interests remain protected throughout all stages of life.

If you, or someone you know has concerns about a loved one, please contact our Estates Team.

Elder Law Lawyers

Gillian Hunter

Partner – Elder Law Lawyer

Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible.

Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.

Gillian is a self-confessed Wills and Estates tragic who finds satisfaction in harnessing her acute knowledge of the applicable legislation and case law to procure good outcomes for her clients.

Gil’s mantra is “conversations should be bridges, not battlefields” and she applies this in her dealings with other lawyers, to bring about innovative and prompt resolutions.