15th August 2024
As Australia’s population ages, protecting older Australians from abuse and ensuring their affairs are managed becomes increasingly important. Elder abuse, which can take various forms, is a serious concern that can often involve those closest to the victim, such as family members or caregivers.
Elder abuse involves intentional harm or neglect of an older person.
Common forms include:
- Physical abuse: Harm through violence or neglecting basic needs.
- Emotional abuse: Subjecting an individual to verbal harassment, threats, or humiliation.
- Financial abuse: Misusing the elder’s money or property or coercing them into financial decisions.
- Neglect: Failing to provide necessary care, including food, medical attention, or personal hygiene.
If you notice signs such as unexplained injuries, financial difficulties, or changes in behaviour, it is essential to seek help. The National Elder Abuse Helpline (1800 353 374) is available for support.
Properly drafted legal documents can significantly reduce the risk of elder abuse and ensure that your wishes are followed:
- Powers of Attorney: These documents allow you to appoint someone to manage your financial or personal affairs if you become unable to do so. Enduring powers of attorney remain valid even if you lose capacity, helping prevent misuse of your assets.
- Appointment of Enduring Guardian/Advanced Healthcare Directives: By outlining your medical treatment preferences and appointing a trusted person to make health and lifestyle decisions on your behalf, these directives ensure that your medical care aligns with your wishes.
- Guardianship and Administration Orders: If you haven’t prepared the necessary Estate Planning documents, your family will need to apply to the NSW Civil and Administrative Tribunal (NCAT) for Guardianship Orders. This can be a significant burden to your loved ones, so it is crucial to put in place your Estate Planning documents before it is too late. These orders can appoint someone to make personal or financial decisions for you when needed, ensuring proper management of your affairs.
- Wills: A Will specifies how your estate should be divided after your death, ensuring that your assets are distributed according to your wishes and reducing the potential for disputes.
At Castrikum Adams Legal, we focus on Elder Law and can assist you in creating these essential documents. Protect yourself and your loved ones by ensuring your legal affairs are in order. For more information or to schedule a consultation, contact us at (02) 6687 1167. Your peace of mind is our priority, and our team is here to guide you.
Explore our other blogs to stay informed about related topics, such as Voluntary Assisted Dying Laws and Binding Death Benefit Nomination.