Elder Abuse Lawyers

Overview

The right to be cared for and protected

There’s no doubt that Australia is home to an aging population. With more Aussies than ever entering their golden years, elder abuse will continue to be a tragically persistent issue.

Elder abuse is all too common, both in Australia and around the globe. According to the World Health Organisation (WHO), about 15% of people over the age of 60 worldwide are subject to abuse. In Australia, that number is estimated to be between 2% and 12%, according to the National Ageing Research Institute (NARI), but could be higher due to poor reporting.

At Gerard Malouf & Partners, we believe the elderly deserve dignity. We are honoured to support our clients get the compensation and justice they deserve.

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What is elder law?

Elder law is an umbrella term for the set of regulations in place to protect Australia’s elderly population from physical, psychological and financial abuse. As people age, they often find themselves dependent on others for care, whether from a child, other relative or an aged care facility. This leaves them vulnerable to potential abuse.

According to NARI, for an act to constitute elder abuse, it must include five components:

The victim

The person being abused must be old enough to be defined as “elderly.” The exact definition of the word has been debated in the courts, and may not necessarily be connected to a set age. If you or a loved one are over the age of 55, you may have a case.

Acts or omissions

This is the term for the abuse itself. Abuse can be constituted by one act or a series of acts. In some cases, such as when the victim is being neglected, a lack of action, or an omission, can also be a form of abuse. Abuse can be either intentional or unintentional.

The abuser

Generally, the abuser must be someone for whom there was an “expectation of trust” to care for the victim. Common examples of a person who fits this profile include family members or a professional caregiver.

Pre-conditions

The context surrounding the relationship between the victim and the abuser that is used to explain why there was an expectation of trust.

Impact

This means that the abuse negatively affected the victim and caused them physical, emotional or financial harm.

If the situation of you or a loved one meets these criteria, you may have a case to pursue damages. Compensation may vary based on the specific circumstances of each case.

Process

What can an elder law solicitor do?

An elder law solicitor is a lawyer whose job is to help elderly Australians and their loved ones navigate the law and be their advocate in cases of elder abuse. That can mean taking action ranging from contacting the necessary authorities, such as the Aged Care Quality and Safety Commission, to representing victims in court. An elder law solicitor can also assist with other issues affecting the elderly, such superannuation payouts.

Solicitors who work in elder law are also trained to look out for signs that their client is being abused, even if the abuse is not reported to them. According to the New South Wales Law Society, common warning signs that solicitors should look for include when an elderly client transfers their finances or property to someone else with seemingly little thought or explanation or if a relative refuses to let the client speak to a lawyer one-on-one. While solicitors can offer advice to an abused client, they can only pursue legal recourse with their explicit permission.

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GErard Malouf & Partners

Proven solicitors and barristers

For decades, the team at Gerard Malouf and Partners have managed compensation claims for cases of neglect and abuse.

Our solicitors and barristers are proud of their performance. Contact us to discuss your claim, and understand the process and next steps to receive compensation.