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A free legal service for older people at risk of or experiencing Elder Abuse

OLDER PEOPLES RIGHTS SERVICE. A free legal service for older people at risk of or experiencing Elder Abuse. ELDER ABUSE. Any act causing harm to an older person occurring within a relationship of trust such as a family member, friend or carer. Family. Friends. Carers. SOME GENERAL STATS.

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A free legal service for older people at risk of or experiencing Elder Abuse

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  1. OLDER PEOPLES RIGHTS SERVICE A free legal service for older people at risk of or experiencing Elder Abuse

  2. ELDER ABUSE Any act causing harm to an older person occurring within a relationship of trust such as a family member, friend or carer. Family Friends Carers

  3. SOME GENERAL STATS Perpetrators of Elder Abuse are primarily adult children & other family members AND Financial Abuse estimated at 90%

  4. ELDER ABUSE CRIMES / CIVIL ACTION • Financial • Physical • Psychological • Social • 5. Sexual • 6. Neglect

  5. FINANCIAL Illegal or improper use of the older person’s estate by someone with whom the older person has a relationship of trust. I’ll use the Power of Attorney to take money from her bank account!

  6. PHYSICAL Inflicting physical pain or injury, or use of physical coercion I’ll hit you!

  7. PSYCHOLOGICAL A verbal or non-verbal pattern of behaviour repeated over time, maintaining a hold of fear over the older person. I’m gonna get you later!

  8. SOCIAL Includes forced isolation of the older person and the hiding of abuse from the outside world. Get back in your room!

  9. SEXUAL Unwanted sexual behaviour, including rape, indecent assault, sexual harassment or interference.

  10. NEGLECT Failure to provide the necessities of life to someone they are responsible for.

  11. FAMILY AGREEMENTS

  12. FAMILY AGREEMENTS An informal arrangement(often verbal) between an older person and another, predominantly a family members, friend or carer Usually involves a financial benefitto the other person in exchange for a promise of future care and accommodation to the older person Eg: joint ownership of land, transfers of assets or money, loans or guarantees, gifts

  13. ARE FAMILY AGREEMENTS A GOOD IDEA? YES, THEY CAN BE BUT....

  14. BUT MY THOUGHTS ON FAMILY AGREEMENTS!

  15. BECAUSE WE HAVE WITNESSED • OLDER PEOPLE... • - Lose their life savings • - Lose their home and become homeless • Become estranged from their dear ones • and • - Live in emotional turmoil. COMMON TYPES OF FAMILY AGREEMENTS

  16. To TRANSFER TITLE An older person transfers the title of their home to another person on the promise that the other person provides free care and accommodation

  17. 2. As CO-OWNERS of Land An older person jointly purchases a home with another person, on the promise that all of them will live together (happily ever after)

  18. 3. As a GRANNY FLAT An older person financially contributes towards the building of a self contained granny flat with the intention of “life accommodation and care”

  19. 4. To DISPOSE OF ASSETTS An older person sells/gifts their home or transfers other assets to another for the sole benefit of that other person

  20. 5. As GUARANTEE An older person provides funds or agrees to become a guarantor for a financial institutions to financially assist another person

  21. WHAT CAN GO WRONG WITH FAMILY AGREEMENTS? “I SIGNED SOME PAPERS” VERBAL and VAGUE

  22. FAMILY DISPUTES Disputes can arise between the older person and others living in the property The older person is often forced to leave.

  23. DIVORCE If the shared home is registered in the names of the older person’s adult child and spouse/partner and they separate or divorce, the property becomes part of the matrimonial asset pool and subject to distribution by the Family Court.

  24. PROPERTY DISPUTES Property disputes are especially problematic if the older person’s name is not on the title deeds. My name is not on the title!

  25. JOINT TENANCY V. TENNANTS IN COMMON Joint Tenancy is subject to – “Rule of Survivorship" Tenants in Common may be Willed or separately transacted What do you mean I can’t Will my share to whoever I want to?

  26. CIRCUMSTANCES CHANGE The older person may needs to move from their shared home or granny flat for medical reasons or to residential care, and unanticipated costs can cause financial hardship

  27. RESIDENTIAL CARE RAMIFICATIONS Gifting or disposing of assets may affect your eligibility for residential care.

  28. CENTRELINK & TAX RAMIFICATIONS Failure to notify Centrelink or the “tax man” of financial gifts and asset transfers can give rise to benefit reductions and the possibility of criminal charges.

  29. GOING TO COURT FOR YOUR RIGHTS? Emotional Trauma of lengthy litigation Lack of Evidence Court Costs = thousands of $$

  30. DONT RISK YOUR HOME OR LIFE SAVINGS

  31. WHAT SHOULD IDO BEFORE ENTERING INTO A FAMILY AGREEMENT? • Get legal and financial advice. • Know the Centrelink and Taxation implications • Ensure your name will be on the title? • Have deed of agreement drawn up by lawyer

  32. CONTACTS Older Peoples Rights ServiceTel: (08) 9440 – 1663 Advocare Inc Tel: 9479 - 7566 Public Advocare Tel: 1300 858 455 Public Trustee Tel: 1300 746 212 Crisis Care Tel: 9223 - 2111 Australian Taxation Office Tel: 13 28 61 Centrelink Finance Info Service Tel: 13 23 00 Veterans Affairs Tel: 13 32 54 Legal Aid Tel: 1300 650 579 Police Crisis Tel: 000 To Report An Incident Tel: 131 - 444

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