Australia is getting older and wealthier. In 2020, there were 4.2 million Australians older than the age of 65, with older people compromising 16% of the total population. The Australian Bureau of Statistics (ABS) estimates that this number will grow up to 23% in the next 40 years, and trillions of dollars are expected to be passed between generations in the coming decades.
At the same time however, national research shows that one in six older Australians will at some point experience elder abuse, most not at the hand of strangers, but of their own adult children.
In a nutshell
- One in six older Australians will experience elder abuse and it is most often someone they love and trust who is responsible.
- As people age and cognitive decline sets in, people become significantly more vulnerable to financial exploitation often without even realising it is happening, and sometimes for years before anyone notices.
- Having a robust estate plan (supported by a Will and Enduring Power of Attorney (EPOA)) and the right people appointed to make decisions on your behalf are two of the most powerful steps you can take to protect yourself.
Elder abuse is a single or repeated act, or lack thereof, that occurs within any relationship where there is an expectation of trust, which causes harm or distress to an older person. Almost two thirds of older people don’t seek help when they are abused, and the abuse is not just physical in nature. In this context, abuse can include:
| Type | Description |
| Psychological abuse | Threats (“you’ll go into a home”), intimidation, humiliation, name-calling, or coercive control. |
| Financial abuse | Using an older person’s money, pension or assets; pressuring them to sign documents; “borrowing” and not repaying; changing bank accounts or legal documents for someone else’s benefit. |
| Physical or sexual abuse | Any physical harm, rough handling, or unwanted sexual contact. |
| Social abuse | Isolating an older person, preventing them from seeing friends and family, or controlling access to phones, transport or technology. |
| Neglect | Failing to provide adequate food, clothing, medication, hygiene or support where the older person relies on the abuser. |
Warning signs and risks
A person may be:
- afraid of someone close to them
- irritable, or shaking, trembling or crying
- depressed or withdrawn, talking of suicide
- uninterested in their usual interests
- presenting as helpless, hopeless or sad
- worried or anxious for no obvious reason
- reluctant to talk openly.
They may also:
- have a rigid posture
- make contradictory statements not associated with mental confusion
- wait for another person to answer rather than answer questions themselves
- radically change their behaviour.
Risks
The risks of elder abuse are higher where an older person:
- is dependent on others for care or transport
- has cognitive impairment, dementia or mental illness
- is socially isolated or grieving
- has significant assets with no clear plan in place
- has family conflict, substance use or gambling issues in the household.
The rise of cognitive vulnerability
It is important to draw attention to the ever-growing number of Australians experiencing a decline in cognitive capacity as they age. For example, in Queensland in 2026, there are an estimated 88,200 people living with all forms of dementia. This figure is projected to increase to an estimated 168,300 by 2054. Adding to that is the window of time, sometimes many years, between when the symptoms of cognitive decline start to show and when a formal diagnosis is delivered.
Individuals experiencing cognitive decline frequently lack insight into their impairment and maintain false confidence in their decision-making. Often, they involve family or friends in financial matters without professional guidance and create an opportunity for abuse. In these situations, the third parties may seize the opportunity to exert undue influence and financially exploit the vulnerable elder. This abuse is often not identified until many years after it has occurred, if identified at all.
The legal framework – your rights and protections
If you believe that someone is suffering elder abuse, what options are available to you?
Criminal reporting
Depending on what has happened, elder abuse may amount to:
- assault or sexual assault
- stealing, fraud or forgery
- stalking, threats or coercive control
- domestic and family violence.
If you, or someone you know, is in immediate danger call the police.
Aged care laws
All Commonwealth funded aged care services are required to report serious incidents – including unreasonable use of force, unlawful sexual contact, neglect, psychological abuse and unexplained injuries – to the Aged Care Quality and Safety Commission. All aged care providers must also have internal complaints processes and are subject to quality and safety standards designed to protect residents from abuse and neglect.
If you are concerned about someone living in aged care, you can make a complaint (if that is appropriate in the circumstances).
Practical steps
- If you, or someone you know, is in immediate danger or serious harm, call 000.
- For free and confidential advice and support, call:
- The Elder Abuse Helpline on 1300 651 192 for support and referrals for anyone concerned about the abuse of an older person.
- The Office of the Public Guardian on 1300 653 187 to investigate concerns, neglect or exploitation.
- Depending on the situation, consult a legal professional for advice.
Protecting your wealth
The most common type of elder abuse we deal with is financial abuse where older Australians are financially abused by their family members or carers. Cases of financial elder abuse can have devastating consequences for the victim and their families. In the case of Bridgewater v Leahy (1998) 194 CLR 457, an elderly Queensland grazier transferred a substantial property (worth far more than the price) to his nephew after a close relationship developed. The High Court of Australia set this transfer aside on the basis that it was unconscionable. Unconscionable conduct is when someone takes advantage of unequal bargaining power in a way that is so unfair that no decent person could defend it. In this instance, the High Court found that the nephew had taken advantage of his uncle to obtain a benefit through a grossly improvident transaction and for this reason, the transaction was set aside.
The case of Tobin v Ezekiel [2012] NSWCA 285 provides another example of financial elder abuse. This case involved an elderly woman who, under her Will, transferred her home to her carer. The circumstances involved significant dependence and vulnerability. The court considered issues of undue influence where someone uses their power over another person to pressure them into doing something they would not have freely chosen to do. This case is an example of where suspicious circumstances exist around the making of a Will. Ultimately, when tested, the Court will examine whether the Will is the last will of a will maker who:
- has the necessary legal capacity to make a will
- understands and approves the will
- is free of the undue influence of others.
While people of all ages can be manipulated and financially abused, these examples show how elder Australians can be especially vulnerable, even and sometimes especially, by people in their inner circle. Whether it’s a case of “inheritance impatience” or predators masquerading as “companions” or “carers”, we all need to be mindful and on the lookout for elder abuse and suspicious circumstances.
How can we help protect you
Lawyers play an important role in screening clients and identifying abusive and exploitative behaviours so that action can be taken. However, we also play a critical part in preventing elder abuse by developing comprehensive estate plans with our clients.
While every circumstance of elder abuse is unique and there is not a one size fits all solution, many cases share the same patterns; abuse is easier when an older person is isolated and does not have a comprehensive estate plan in place.
Planning early is vital, as it allows elder Australians to choose trusted decision makers, tailor their Wills and EPOAs, and talk openly to their families about their wishes and expectations. These simple measures help to reduce conflict in the future.
| Comprehensive estate planning services | Our team can work with you to develop a comprehensive estate plan that protects your interests and reduces the risk of future abuse. This involves:
(a) Wills: preparing a clear, legally robust Will that reflects your wishes and includes provisions to protect vulnerable beneficiaries. If you have concerns about undue influence or capacity challenges, we can implement safeguards such as statutory declarations, medical assessments, and detailed file notes to protect the validity of your Will. (b) EPOA: preparing an EPOA that appoints trusted decision makers for financial and personal matters. This involves:
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| Reviewing existing arrangements | If you already have estate planning documents in place, we can review them to ensure they are appropriate and include adequate protections. The process includes:
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| Family discussions and mediation | Many instances of elder abuse arise from misunderstandings, unrealistic expectations, or family conflict. We can facilitate or support family discussions about:
Open communication (when managed appropriately) can significantly reduce the risk of financial abuse and family conflict after your death or if you lose capacity. |
| If abuse has already occurred | If you or someone you care about is already experiencing elder abuse, we can provide urgent legal assistance to:
1. revoke or amend your documents: if an EPOA, Will or other document was signed under duress, undue influence, or without proper understanding, we can advise on revoking or challenging the validity of that document. Further to that, we can prepare new documents that better protect your interests; and/or 2. recover misappropriated assets: we can take legal action to attempt to recover money, property or assets that have been stolen, misused or obtained through fraud or undue influence. This may involve:
3. apply for Protective Orders: we can assist in attempting to obtain court orders that:
4. Guardianship and administration applications: if you have concerns about someone who lacks capacity being exploited, we can assist with applications to the Queensland Civil and Administrative Tribunal (QCAT) (or the relevant civil and administrative tribunal in your State or Territory) for the appointment of a guardian or administrator to protect their interests. 5. reporting to authorities: we can guide you through the process of reporting abuse to the appropriate authorities, including the police, the Office of the Public Guardian, or the Aged Care Quality and Safety Commission, and can liaise with these agencies on your behalf. |
If you or someone you care about would like to review an existing EPOA, put one in place for the first time, or receive advice about possible elder abuse, our team can help you understand your options and put practical protections in place to protect you and your assets.
Elder abuse is a serious violation of trust and dignity. By understanding the warning signs, knowing your legal rights, and planning ahead, we can work together to protect older Australians and ensure they live safely, with respect and autonomy.
For confidential advice on elder abuse matters, please contact our team.
For more information, please contact Frances Becker and Penelope Nicholls.
