The Age Discrimination Commissioner has welcomed changes to the law that empower older people to put in place formal ‘family agreements’ to protect their rights in the event they become victims of elder abuse.
The Commissioner, Kay Patterson said family agreements were legal documents that protected the financial rights of older people when they contributed property, proceeds from a property sale or other assets to a family member in exchange for long-term care, support and housing.
“They ensure that, if there is a breakdown in the relationship between an older person and their family members, there is evidence that the older person contributed to the home,” Dr Patterson said.
She said the Australian Law Reform Commission’s 2017 report, Elder Abuse: A National Legal Response, identified formal and legally enforceable family agreements as a measure that would help prevent elder abuse.
“Financial elder abuse is on the rise during COVID-19, so making it easier to formalise arrangements to protect older people is important,” Dr Patterson said.
“I’ve heard of too many cases where an older person has contributed significant money to build a granny flat or extension to their children’s home, on a verbal understanding that they will have accommodation and be cared for in exchange.”
Then, if the relationship broke down, it could have devastating effects, and could even leave the older person homeless.
“When it comes to preventing financial elder abuse, family agreements, along with enduring documents, play a vital role in ensuring that an older person’s wishes and best interests are protected,” Dr Patterson said.
“The vital next step to reduce elder abuse is for the Council of Attorneys General to implement the other Australian Law Reform Commission recommendations on powers of attorney,” she said.
“I will continue to advocate strongly for this,” she said.
