Understanding Elder Abuse: Legal Rights and Protections in Australia
Wills and Estates: 06 November 2025
Author: Joel Parsons, Valerie Bradley - Our People
Protecting the rights and wellbeing of elderly family members is a concern shared by many, however, and rather unfortunately, instances of exploitation and abuse often arise at the hands of those whom an elderly person trusts most.
What is Elder Abuse?
Elder abuse is when an older person experiences mistreatment, neglect, exploitation or manipulation at the hands of a trusted person, such as a carer, or family member, with or without the elderly person’s knowledge. This is often hard to recognise given the person being abused may overlook it out of love, fear or dependency, or may not understand that they are suffering from it.
Elder abuse can take many forms, such as physical, psychological, emotional, mental, financial or even sexual abuse.
Types of Elder Abuse
Financial Abuse
• A financial attorney or family member mismanaging the person’s assets and finances to that person’s detriment;
• A financial attorney or family member deriving a personal benefit from that person’s money, property or assets.
• Moving into the home of aperson without their consent and failing to contribute to household expenses.
• Transferring the assets of the person to themselves or others without adequate compensation being paid to the person; Denying a person access to their own finances.
• Coercing or manipulating a person into signing or changing legal or financial documentsconcerning loans, property, wills or powers of attorney.
• Promising to care for someone in exchange for financial help and then not providing the care.
Social abuse
• Preventing contact with family and friends and not allowing phone calls or listening into calls (causing anxiety, sadness and grief)
• Withholding mail or other communication.
• Preventing involvement in religious, cultural, spiritual practices
Physical Abuse
• Acts that cause physical pain or injury, such as hitting, pushing or inappropriate restraint.
• Restricting a person’s movement or forcing them to engage in unwanted actions.
• Providing inadequate or inappropriate medical attention (such as signs of dehydration or unexplained weight loss).
Psychological, Emotional or Mental Abuse
• Intimidating, humiliating or threatening a person, causing fear, anxiety or distress.
• Undermining, neglecting or isolating a person from support networks.
• Failing to provide adequate care, food or shelter.
Identifying Elder Abuse
Recognising the warning signs that a loved one may be suffering elder abuse, and doing so early, is crucial. Common warning signs include:
• Unexplained injuries or absences.
• Sudden changes in behaviour or mood.
• Unusual financial activity or changes in legal documents.
• Signs of neglect, such as poor hygiene or nutrition.
• Distress, fear or anxiety around certain individuals
• The person beingunwilling to speak about these issues.
How to Address Elder Abuse
Elder abuse is a growing concern in Australia, largely due to the nation’s ageing population. Evidence suggests that most cases of elder abuse occur within families, making such situations even more difficult and complex to confront.
Despite this, help is available, and there are several steps that can be taken to respond and prevent further harm.
Government Support
The Australian Government has led a range of initiatives to respond to and prevent the abuse of the elderly, including:
• The Elder Abuse Knowledge Hub;
• Office of Public Advocate (Vic);
• The National Elder Abuse Helpline (1800 353 374); and
• The establishment of the national peak body for elder abuse - Elder Abuse Action Australia (EAAA).
Aitken Partners
At Aitken Partners, we understand the complexity and emotional strain that elder abuse can cause. Our experienced team offers a wide range of legal services to ensure your elderly loved ones are protected and supported. This includes:
• Preparing Enduring Powers of Attorney (for both personal and financial matters) and Appointments of Medical Treatment Decision Makers, including Advanced Care Directives;
• Applying for VCAT Guardianship and Administration Orders.
• Obtaining and reviewing financial information.
• Recovering misused funds and property.
• Preparing agreements to reflect family arrangements.
• Liaising with family members to achieve practical and compassionate outcomes.
• Providing advice and representing you in Court.
• Drafting Wills and testamentary trusts for tax and succession planning.
If you suspect that a person in your life may be suffering from abuse or exploitation, we encourage you to reach out to one of our experienced and friendly legal professionals, who offer pragmatic advice to assist you in taking the right steps forward to protect the ones you love. Visit https://www.aitken.com.au/ or call (03) 8600 6000 to get in touch.
Legal Protections in Victoria
In Victoria, a number of laws exist to safeguard older individuals from abuse and exploitation, namely:
• The Powers of Attorney Act 2014 (Vic). This act regulates the appointment and conduct of attorneys.
• The Guardianship and Administration Act 2019 (Vic). This act provides mechanisms for protecting vulnerable adults and managing their affairs when their decision-making capacity is lacking.
Whilst the government initiatives and laws above-mentioned provide an important base, most cases of elder abuse require urgent intervention.
The Guardianship List of the Victorian Civil and Administrative Tribunal provides a forum in which interested persons may make applications in relation to elder abuse. The Tribunal may take action such as ordering an investigation by the Office of the Public Advocate, ordering that the attorney provide an accounting of the person’s finances, revoking a power of attorney, and appointing a new guardian or administrator (which can be a family member or someone independent) to make financial or personal decisions on behalf of that person.
Aitken Partners are able to advise on the best course of action, depending on your situation.