The Australian Human Rights Commission (AHRC) has responded to a sharp rise in reports of financial abuse of older people by calling for urgent action from Australia’s Attorneys-General.
The Commission called for the implementation of the Australian Law Reform Commission’s (ALRC) recommendations on Powers of Attorney at this week’s meeting of the Attorneys.
“The Australian Human Rights Commission has heard from lawyers, peak bodies and frontline workers of a sharp rise in reports of financial abuse of older people arising from the misuse and abuse of powers of attorney during COVID-19,” the AHRC said.
“The ALRC’s 2017 report, Elder Abuse—A National Legal Response, recommends harmonising legislation on enduring Powers of Attorney across Australia, implementing safeguarding arrangements and establishing a national register,” it said.
“These recommendations, which are critical to ensuring that older Australians are protected equally across jurisdictions, are yet to be implemented three years later.”
The Commission said the current rules for Powers of Attorney and safeguarding arrangements were different from State to State.
Age Discrimination Commissioner Kay Patterson said older Australians did not have time on their side and needed a concerted effort from Governments to prevent financial abuse.
“Last year I consulted with all current Attorneys-General on the importance of implementing the Australian Law Reform Commission’s recommendations – and all of them agreed that harmonisation of legislation is needed,” Dr Patterson said.
“I hope they will act on this at this week’s meeting,” she said.
Dr Patterson said the current inconsistencies across jurisdictions caused confusion in the community, made it difficult for families to understand the rules, and for experts to provide advice across jurisdictions.
“They also impede cooperation between State and Territory public advocates in investigating instances of abuse of an attorney’s powers,” she said.
