“In a troubling trend, an alarming surge of cases has emerged, shedding light on the distressing reality of elderly individuals being vulnerable to exploitation. This gripping blog examines the heart-wrenching allegations surrounding the manipulation and abuse inflicted upon the elderly, exposing the shocking truth of betrayal by those closest to them.“
Elder Financial Abuse
We are currently witnessing an alarming rise in the occurrences of situations where vulnerable elderly individuals are being taken advantage of by their own adult children or by individuals who have recently entered their lives under the guise of friendship. These heart-wrenching cases of exploitation are multiplying, painting a grim picture of the mistreatment and manipulation suffered by our aging population. It is an issue that demands immediate attention and action, as the well-being and dignity of our elderly must be safeguarded against such acts.
Elder financial abuse often involves manipulating elderly individuals into granting an Enduring Power of Attorney or altering their Will to benefit a child or friend. There have been instances where an elderly person, despite appearing to have the necessary mental capacity, was later found, through a review of their medical records, to lack the capacity required to create a new Will.
In some cases, there are debates regarding the elderly person’s capability to grant an Enduring Power of Attorney when they signed it. The level of protection provided by the law differs between Western Australia and Queensland. Specifically, Section 87 of the Powers of Attorney (Qld) offers additional safeguards for elderly individuals that are not present in Western Australia.
In Queensland, if an Attorney receives a gift from the person who granted them the Enduring Power of Attorney (EPA), they are responsible for proving that the gift was not a result of undue influence on the elderly individual. There was a specific case where a daughter convinced her elderly father to give her his EPA, which was followed by him signing over a half share of his home as a joint tenant to her and changing his Will in her favour. Consequently, when he passed away, the house directly went to his daughter and did not become part of his Estate.
The Court ruled that the elderly person did not receive the necessary independent legal advice, and as a result, the transactions were invalidated.
What can be done?
In light of the increasing number of cases involving elder financial abuse, it is evident that the law in Western Australia falls short in providing adequate protection for vulnerable elderly individuals. Queensland’s law, on the other hand, sets a commendable example with its provision for safeguarding the rights and interests of the elderly.
The inclusion of Section 87 in the Powers of Attorney (Qld) Act places the burden of proof on attorneys who receive gifts from the person who granted them the Enduring Power of Attorney. This provision ensures that any gift received is not the result of undue influence on the elderly person.
Such a legal framework would greatly benefit the elderly population in Western Australia, as it would deter potential abusers and provide a means to challenge transactions that were made under questionable circumstances. By adopting the law from Queensland, Western Australia would be taking a significant step towards protecting its elderly citizens from exploitation and ensuring their financial well-being.
The law must evolve to address the growing concerns surrounding elder financial abuse, and aligning with the legislation in Queensland is a necessary and sensible course of action.
The Team at Butlers Lawyers & Notaries has experienced lawyers who can offer support and guidance to those affected by Elder Abuse. We can help you understand your legal rights and responsibilities and provide advice addressing the issue.
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