World Elder Abuse Awareness Day – Calls for prevention, protection and reform

Elder abuse can be physical, emotional, psychological, social, or neglect. It often occurs within relationships of trust, committed by a carer, friend, professional or relative.

While society has become more vocal in condemning elder abuse, financial abuse is among the most common yet underreported forms. It often stems from informal arrangements, for example, a parent transferring their home to a child, granting access to a joint bank account, or handing over savings without legal advice. These actions are frequently undocumented, not well-understood, and done under pressure or misplaced trust.

The consequences can be severe, including loss of housing, fractured relationships, declining health, and complete financial dependence.

Despite growing awareness, several systemic and cultural barriers continue to contribute towards instances of elder abuse:

• many elder people do not seek legal advice before major financial or personal decisions, often out of fear of offending loved ones or a lack of awareness;
• without written agreements, it is difficult to prove misconduct when abuse arises;
• victims are often reluctant to speak up, as they are afraid of conflict, retribution, or family breakdown;
• the legal system can be complex and costly, particularly for those on limited outcomes; and
• even where remedies exist, pursuing them is emotionally and financially draining.

Through our pro bono and community work, we regularly assist clients who have been coerced into handing over assets, misled into believing they were making secure investments, or denied access to their finances.  

In one case, an elderly woman was evicted from the home she paid for after 25 years, because it was in her son’s name. In another, a daughter used her mother’s bank card to withdraw tens of thousands of dollars. These cases are complex, and many elder individuals find themselves caught between love for family and fear for their futures.

We believe real reform is needed.  Based on our experience, we recommend:

• accessible dispute resolution for elder abuse cases through low-cost tribunals;
• a presumption of undue influence in high-risk transactions, unless independent legal advice was obtained;
• mandatory written agreements for asset transfers within families;
• mandatory reporting obligations for financial institutions and professionals when they observe concerning transactions;
• a dedicated Elder Abuse Ombudsman with investigatory powers; and
• increased funding for community legal centres to ensure elder Australians can enforce their rights.

To protect those who once protected us, we need legal reform, accessible systems, and a culture of respect and accountability. The conversation must continue – well beyond 15 June 2025.

This article was prepared with the assistance of Sara Luck, Law Graduate.