Senior and Elder Abuse
Lawyers
Elder abuse is a serious issue. It can affect a person’s safety, dignity, and wellbeing, whether through neglect, emotional harm, physical mistreatment, or financial exploitation.
At GMP Law, we provide clear, compassionate legal support to help protect older people and hold those responsible to account. Our experienced elder abuse lawyers can guide you through your options and take action to secure the outcome your family needs.
If you’re concerned about a loved one, contact GMP Law today for confidential advice and support.
Am I eligible to make an elder abuse claim?
Elder abuse often involves a breach of trust and can take many forms, including physical harm, emotional mistreatment, financial exploitation, or neglect.
For example, a caregiver may misuse an elderly person’s funds, fail to provide necessary medical care, or subject them to verbal abuse. These actions can have serious consequences and undermine the trust placed in those responsible for care. If you or a loved one has experienced elder abuse, it’s important to seek legal advice to understand your rights and take steps to hold the responsible parties to account.
Answer these three questions to find out if you may be eligible to make a claim.
1. Was someone responsible for caring for an older person?
If you or a loved one was reliant on a caregiver, family member, support worker, or aged care provider, you may have a case. People responsible for caring for older adults have a duty to take reasonable steps to protect their safety, wellbeing, and dignity.
2. Did they fail in that responsibility?
If a caregiver ignored needs, failed to provide proper care, or subjected an older person to neglect or mistreatment, they may have breached that duty. This can occur through either intentional actions or failure to act.
3. Did their actions cause harm?
If that neglect or mistreatment led to injury, illness, or other harm, their conduct may have directly contributed to the suffering experienced.
Senior abuse claims:
Your rights, our fight
Elder abuse is a serious issue affecting some of the most vulnerable members of our community, particularly those in aged care. It can take many forms, including physical harm, emotional abuse, and financial exploitation.
The effects can be both physical and psychological, often causing lasting harm to a person’s health, dignity, and sense of security. If you or a loved one may be experiencing elder abuse, it is important to recognise the signs and seek legal advice as soon as possible from our senior abuse lawyers.
Below are some common types of elder abuse, with examples of how they may occur in practice.
Physical abuse
- Hitting, slapping, or pushing an older person
- Forcibly restraining or confining someone against their will
- Unexplained bruises, cuts, fractures, or other injuries
- Falls caused by understaffing or inadequate supervision
- Overmedication or excessive sedation used to control behaviour.
Emotional or psychological abuse
- Verbal threats, intimidation, or harassment
- Humiliating, belittling, or mocking the older person
- Isolating them from family and friends
- Making them feel worthless, dependent, or afraid
- Controlling behaviour that causes fear or emotional distress.
Financial exploitation
- Stealing money or valuables from an older person
- Manipulating them into signing over assets, property, or financial documents
- Using an older person’s bank account or credit cards without permission
- Misuse of powers of attorney
- Financial coercion or pressure from relatives or caregivers.
General neglect
- Failing to provide adequate food, shelter, or medical care
- Leaving an older person in unsafe living conditions
- Ignoring personal hygiene and cleanliness needs
- Dehydration and malnutrition
- Pressure sores caused by inadequate care or supervision
- Wandering residents left unsupervised or exposed to danger.
Medical neglect
- Not administering medications on time or as prescribed
- Medication errors or incorrect dosages
- Failing to address medical conditions properly
- Withholding medical treatment or necessary care
- Delaying or avoiding necessary medical interventions, such as surgeries or tests
- Untreated infections or preventable medical complications.
Sexual abuse
- Any unwanted sexual contact or behaviour
- Forcing or coercing an older person into sexual acts
- Inappropriate sexual behaviour by caregivers, staff, or family members.
Speak with a senior abuse lawyer now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
What compensation can you claim for elder abuse?
Elder abuse can be perpetrated by family members, friends, carers, or individuals with power of attorney, and it can occur at home or in care facilities like nursing homes or hospitals.
If you or a loved one has experienced elder abuse, you may be entitled to both economic and non-economic compensation, depending on your situation.
Economic losses
Medical expenses | Costs for hospital treatment, surgeries, or ongoing care after physical abuse. |
Rehabilitation costs | Expenses for therapy or support following emotional or psychological abuse. |
Care assistance | Costs for additional home care if the victim’s independence was affected by abuse. |
Travel expenses | Reimbursement for medical appointments or necessary treatments linked to abuse. |
Non-economic losses
Pain and suffering | Compensation for physical pain or emotional distress from abuse. |
Loss of quality of life | Impact on daily activities or enjoyment due to the abuse. |
Psychological trauma | Compensation for mental health conditions like depression or PTSD resulting from abuse. |
Loss of companionship | Compensation for the emotional harm caused by the victim being isolated, ignored, or cut off from family and friends due to the abuser’s actions. |
What options are available to family members?
Where a loved one has suffered elder or senior abuse, family members may be entitled to bring a claim. Our lawyers take a thorough approach to ensure all potential entitlements are identified and pursued.
Potential claims may include:
- Nervous shock claims: Compensation for psychological harm suffered by family members as a result of witnessing or learning of elder or senior abuse.
- Wrongful death claims: Where elder or senior abuse contributes to a death, eligible family members may be able to bring a claim.
Our Unique Fee Reduction Guarantee
Satisfaction first:
Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
We’ll advocate fiercely on your behalf, aiming for a fair settlement that truly reflects your needs.
Court representation
Ongoing support
We’re here to address any questions or concerns that arise along the way.
Why choose our elderly abuse lawyers?
Our No Win No Fee elder abuse lawyers understand the unique challenges in an elder abuse case, such as securing evidence from vulnerable individuals, addressing emotional trauma, and navigating complex caregiving duties.
Our team specialises in senior and elder abuse claims, handling your case with the precision and care it demands.
Key benefits include:
98% success rate
Australia-wide coverage.
Expert elder abuse lawyers support in every state
Free initial consultation
to assess your claim
Award-winning lawyers
Proudly recognised by Doyles Guide 2025 for excellence in personal injury legal services
No Win No Fee.
Specialised expertise.
Our accredited lawyers bring years of experience managing complex claims
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee elder abuse lawyers apart.
Proven results: Senior and elder abuse case studies
At GMP Law, we have supported individuals and families through elder abuse claims with care and sensitivity. We understand the impact this can have on both the older person and their loved ones, and we work to help clients pursue claims for injuries and harm caused by elder abuse.
Case 1: $255,000 settlement for family following a wrongful death linked to aged care facility negligence
Background
Three sons received devastating news when their mother, living in a nursing home, suffered a serious fall resulting in severe fractures. She had been provided a wheelchair without proper assessment or consultation, despite being at high risk of falls.
Negligence
- A wheelchair was borrowed from another resident without any clinical assessment
- No family consultation or care planning was undertaken
- The fall led to serious complications, including infection and sepsis
- These complications ultimately contributed to her premature passing.
GMP Law’s approach
The family turned to GMP Law seeking answers and accountability. Our elder abuse lawyers:
- Investigated the circumstances surrounding the fall and care provided
- Obtained expert medical and nursing reports
- Documented the emotional impact on the sons who lost their mother suddenly and traumatically.
Outcome
A settlement of $255,000 was secured, providing the family with recognition of their loss and helping them begin to move forward after a deeply painful and preventable tragedy.
Case 2: $1.25 million combined settlement for surgical negligence
Background
Our client underwent a total thyroidectomy that resulted in bilateral vocal chord palsy and loss of function in her laryngeal nerves.
The challenge
The surgery left our client mute, causing severe physical and psychological trauma. Her husband also suffered psychological injury from witnessing the devastating impact on their lives.
GMP Law’s approach
- Built a comprehensive case around failure to warn of surgical risks
- Gathered expert medical and psychiatric evidence
Pursued both medical negligence and nervous shock claims - Demonstrated breach of expected standard of care
- Negotiated effectively through mediation.
Outcome
Secured a $1.2 million settlement for our client and $50,000 for her husband’s nervous shock claim.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with our elder abuse lawyers.
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our senior and elder abuse case studies:
Historical Abuse Survivor Awarded $950k In Damages
Case Overview Our client is a survivor of historical abuse which dates back to 1988. Having been made a ward of
Man received $350,000 after being sexual abused by teacher
Case Overview Our client experienced abuse as a child between 10-12 years of age. Abuse occurred in and outside of school
15 year old sexual abuse survivor receives over $450,000 from individual perpetrator for abuse when she was 12
Case Overview Miss H, while in Year 6 at Primary School, was the victim of a gross breach of trust when
Man settles claim for $315,000 for sexual abuse perpetrated in New South Wales
Case Overview The plaintiff alleged that he suffered sexual abuse on one occasion during an extended admission at the juvenile detention
$300,000 settlement for juvenile detention centre sexual abuse in the 1970s
Case Overview Our client was sexually abused while at a juvenile detention centre in the mid-1970s. The defendant argued that there
Man settles sexual abuse case for $200,000 perpetrated at a Sydney-based juvenile detention centre
Case Overview Our client suffered childhood sexual abuse while in the custody of a juvenile detention centre. We argued that the
Meet our elder abuse lawyers
Meet our dedicated team of abuse lawyers across Australia. We understand how distressing senior and elder abuse can be, and we are here to support you and your family through every step of the process. With a 98% success rate, we focus on helping clients seek fair compensation and accountability.
With offices in Sydney, Parramatta, and across New South Wales, as well as Brisbane and the Gold Coast in Queensland, and Melbourne and Geelong in Victoria, we are here to help wherever you are.
Frequently Asked Questions about senior and elder abuse
What should I do if I suspect elder abuse affecting me or a loved one?
If you suspect elder or senior abuse, it is important to take action as soon as possible. Reporting concerns to the appropriate authorities can help ensure safety and protection, including:
- Police for criminal matters
- Elder Abuse Hotline at 1800 628 221 for guidance
- Office of the Public Guardian for guardianship concerns
- Aged Care Quality and Safety Commission for abuse in aged care facilities.
Multiple reports to different agencies may be necessary to ensure complete protection.
What are the warning signs of elder abuse?
Elder abuse often shows up through patterns of behaviour rather than a single clear event. If you notice any of the following, it may indicate something is wrong:
- A caregiver prevents private conversations with the older person
- Delays or reluctance in seeking medical care
- Fearful behaviour, withdrawal, or unusual body language
- Sudden or unexplained changes in behaviour or mood
- Inconsistent or conflicting explanations from the elder or caregiver
- Unexplained access to finances or missing money
- Concerns or reports of past abuse
- Unusual patterns such as repeated doctor visits for the same issue (“doctor shopping”)
- Decisions being made that don’t appear consistent with the person’s known wishes or best interests.
While one sign alone may not confirm abuse, a combination of these indicators can suggest elder abuse may be occurring. If you are concerned, it is important to seek advice and take steps to protect the person’s safety and wellbeing.
What are the key challenges in elder abuse cases?
Elder abuse cases often come with unique challenges, including proving the abuse,and capacity and consent issues:
- Identifying and proving abuse: Abuse is often hidden, with no visible signs. We collaborate with medical experts and forensic accountants to identify subtle evidence of harm.
- Capacity and consent issues: Abusers may falsely claim the elderly person consented to actions like financial transactions. We work with psychiatrists to assess cognitive capacity and challenge any claims of consent.
Can elder abuse occur where a person has dementia or cognitive decline?
Yes. Older people living with dementia, memory loss, or reduced decision-making capacity are often more vulnerable to abuse, neglect, and financial exploitation. In some cases, family members, caregivers, or aged care providers may take advantage of a person’s cognitive impairment through misuse of finances, coercion, neglect, or failure to provide appropriate care. Even where a person has diminished capacity, they still have legal rights and protections.
Can legal action be taken against a caregiver or family member?
Yes. If a caregiver or family member has caused elder abuse, you may be able to bring a personal injury claim for compensation.
Our lawyers can help you understand your rights and pursue a civil claim to hold the responsible party accountable and seek compensation for the harm suffered.
What did the Royal Commission into Aged Care find about elder abuse and neglect?
The Royal Commission into Aged Care Quality and Safety (2018 to 2021) identified widespread failures within the aged care system, including neglect, understaffing, poor clinical care, overmedication, malnutrition, and failures to protect vulnerable older Australians from abuse. The Commission highlighted the importance of accountability, proper staffing, and stronger protections for older people living in residential aged care and receiving in-home care services.
Is it too late to seek legal help if elder abuse has been ongoing?
Not necessarily. Even if elder abuse has been occurring for some time, you may still have options to bring a personal injury claim. However, strict time limits can apply, so it’s important to seek legal advice as soon as possible.
A personal injury lawyer can assess your circumstances, advise on limitation periods, and help determine whether a claim can still be made and against whom.
What happens if an elderly person refuses help despite obvious abuse?
An elderly person can refuse assistance if they have the capacity to make their own decisions. However, concerns may exist where their capacity may be affected or where they may be at risk of harm.
In these situations, there are legal pathways in Australia that may help address safety concerns, depending on the circumstances and available evidence.
Our elder abuse lawyers can advise on available options, including whether capacity assessments or other protective measures may be appropriate.
What is the time limit for applying?
There is no single time limit that applies to all institutional elder abuse matters in Australia. Time limits depend on the circumstances of the case, including the nature of the abuse and whether issues of capacity are involved.
In some situations, time limits may be extended where the person lacked capacity or where the abuse was not immediately discovered.
Because time limits can still apply and may affect your ability to bring a claim, it is important to seek legal advice as early as possible.
Learn more about senior and elder abuse
Historical sexual abuse claims guide
Coming forward about historical sexual abuse takes immense courage, especially when the abuse happened years or decades ago in institutions where
Talk to an elder abuse lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
