Elder Abuse Prevention

What is Elder Abuse?• Any behaviour or action within a relationship of

trust that harms an older person. It includes:-psychological,financial,physical,sexual,social abuse and neglect

Reporting Elder Abuse

Why Elder Abuse?

• As elders become more physically frail, they’re less able to stand up to bullying and or fight back if attacked.

• They may not see or hear as well, or think as clearly as they used to.

• Mental of physical ailments may make them more trying companions for the people who live with them.

Elder Abuse Facts

Fact: older women are more likely to be abused than older men…

Fact: Adult sons & daughters are the single biggest category of abusers…

Physical Abuse

The infliction of pain or injury…• This can include hitting, pushing, punching,

kicking, biting, scratching, shaking, slapping, dragging, burning, inappropriately restraining or confining,

• Inappropriately medicating• Damage to property.

Physical Abuse

Look for…• Unexplained signs of injury – bruises, scars etc.• Drug overdose• Broken glasses or frames• Broken bones, sprains, dislocations• Signs of being restrained• Refusal to see the elder alone

Psychological Abuse

• Inflicting mental anguish through actions that cause fear of violence, isolation or deprivation, and feelings of shame and powerlessness.

• It may include verbal intimidation, humiliation or embarrassment, shouting, bullying, threats of physical harm, threats of institutionalisation, withdrawal of affection (e.g. refusing access to grandchildren), emotional blackmail, removal of decision-making powers.

Sexual Abuse

• Unwanted sexual behaviour including rape, indecent assault, sexual harassment or inappropriate touching.

• Showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing them to undress.

Financial Abuse

The illegal or improper use of an older person’s finances or property.

• It may include stealing, misappropriating money, forcing changes to a will or other legal documents, denying access to personal funds, forging signatures or misusing Power of Attorney

Power of Attorney

What is an Enduring Power of Attorney?• An Enduring Po we r o f Atto rne y is a le g a l

d o c um e nt tha t o utline s who y o u wo uld like to m a na g e y o ur a ffa irs ; s uch a s whe n y o u no lo ng e r ha ve c a p a c ity to d o s o .

• Pe o p le c a n lo s e c a p a c ity fo r d e c is io n m a king fo r re a s o ns s uch a s inte lle c tua l o r p s y chia tric d is a bility, a c q uire d bra in injury, d e m e ntia o r te m p o ra ry illne s s s uch a s d e lirium .

Power of Attorney

Who should make an Enduring Power of Attorney?

• Lo s ing c a p a c ity d o e s no t jus t ha p p e n to p e o p le who a re a g e ing . A lo s s o f c a p a c ity c a n ha p p e n a t a ny tim e in a p e rs o n’s life a nd this lo s s m a y be te m p o ra ry o r p e rm a ne nt.

• If y o u a re o ve r 1 8 a nd ha ve c a p a c ity to und e rs ta nd the na ture a nd the e ffe c t o f the p o we r y o u a re g iv ing a n Atto rne y, it’s im p o rta nt y o u p la n fo r y o ur future by m a king a n Enduring Po we r o f Atto rne y

Power of Attorney

What is an Attorney?• An Atto rne y is the p e rs o n y o u no m ina te to

m a na g e y o ur a ffa irs . Yo u c a n ha ve m o re tha n o ne Atto rne y. Atto rne y /s c a n be a p p o inte d to m a na g e y o ur fina nc ia l m a tte rs a nd /o r y o ur p e rs o na l a nd he a lth m a tte rs .

• Yo u c a n s p e c ify whe n y o ur Atto rne y /s p o we rs be g in a nd y o u c a n a ls o s p e c ify wha t p o we rs the y will ha ve . This is o fte n re fe rre d to a s the ‘ lim its o f y o ur Atto rne y /s p o we rs ' .

Power of Attorney

What does an Attorney for Financial Matters take care of?

A fina nc ia l Atto rne y c a n p e rfo rm a ra ng e o f dutie s s uch a s :

• ensuring your bills are paid • preparing your tax returns • managing your investments

Power of Attorney

What does an Attorney for Personal and Health Matters take care of?

• An Atto rne y fo r p e rs o na l m a tte rs c a n a tte nd to thing s s uch a s whe re y o u will live , who y o u will live with a nd y o ur re c re a tio na l a c tiv itie s .

• An Atto rne y fo r he a lth m a tte rs c a n a tte nd to c e rta in m e d ic a l d e c is io ns , tre a tm e nt o p tio ns a nd m e d ic ine s .

Power of Attorney

Is an Attorney accountable?• An Atto rne y is p e rs o na lly a c c o unta ble fo r the ir

a c tio ns . • If y o ur Atto rne y m is m a na g e s y o ur a ffa irs

whe the r d e libe ra te ly o r by ne g lig e nc e ; the y c a n be he ld lia ble fo r the ir a c tio ns .

• This c a n inc lud e fa c ing c o urt p ro c e e d ing s to re c o ve r m o ne y a nd e ve n c rim ina l cha rg e s .

Power of Attorney

Attorneys have been known to mismanage financesThe re ha ve be e n num e ro us ins ta nc e s o f fa m ily o r frie nd s m is m a na g ing

the ir ro le a s Atto rne y.• This c a n inc lud e s e lling a p e rs o n’s a s s e ts a nd re ta ining the m o ne y

fo r the m s e lve s a nd /o r tra ns fe rring o wne rs hip o f a s s e ts into the ir na m e s .

• Whe n inve s tig a te d , c o m m o n re s p o ns e s a re 'Mum , wa nte d us to ha ve the m o ne y ' ; 'Da d d o e s n't ne e d the m o ne y a nd we d o ' a nd 'The m o ne y is no t d o ing the m a ny g o o d in the nurs ing ho m e a nd we ha ve a m o rtg a g e to p a y ' .

• Exp e rie nc e s ho ws the s e ty p e s o f re a s o ns a re g e ne ra lly no t a c c e p te d by The Que e ns la nd Civil a nd Adm inis tra tiv e Tribuna l a nd m a y re s ult in le g a l a c tio n a g a ins t the Atto rne y to re c o up m o ne y o n be ha lf o f the p e rs o n with inc a p a c ity.

Financial Mismanagement

Neglect

• The failure of a carer to provide the necessities of life to a person for whom they are caring.

• Neglect can be intentional or unintentional.

Intentional Neglect

• When an older person is abandoned or not provided with adequate food, clothing, shelter, medical or dental care, or where their spiritual needs are not met.

• It also includes improper use of medication, poor hygiene or personal care, or the refusal to allow other people to provide adequate care.

Unintentional neglect

• When a carer does not have the skills or knowledge to care for a dependent person.

• They may not be aware of the types of support available, or maybe ill themselves and unable to meet the person’s needs.

Social Abuse

Preventing a person from having contact with friends or family, or access to social activities.

• It includes:-intrusion, isolation,and preventing independenceby using threats,manipulation and control.

Healthcare Fraud & Abuse

Carried out by unethical doctors, nurses, hospital personnel and other professional care providers…It may include…

• Not providing healthcare, but charging for it• Over-charging or double billing for medical

services• Over medicating or under medicating• Recommending fraudulent remedies for

illnesses or other medical conditions

Healthcare Fraud & Abuse

Look for…• Duplicate billing for the same medical service• Over or under medication• Evidence of inadequate care when bills are paid• Problems with the care facility – poorly trained or

insufficient staff, crowding, inadequate responses to questions about care

Warning Signs!!!

• Frequent arguments or tension between the caregiver and the elderly person

• Changes in personality or behaviour in the elder.

What you can do as a caregiver

If you are overwhelmed by an elder’s demands...• Request help from friends, relatives or local

respite care agencies so you can take a break• Find an adult day care program• Adopt stress reduction practices• Seek counselling for depression• Find a caregivers support group e.g. Carers

QLD, 1800 242 636

What you can do as a friend or family member

• Watch for warning signs. If you suspect abuse, report it to police

• Take a look at the elder’s medications – does the amount match the prescription date?

• Scan bank accounts & credit card statements for unauthorized transactions

• Call & visit as often as you can• Offer to stay with the elder so the caregiver can

have a break

Seniors Legal & Support Service

The Cairns Community Legal Centre offers FREE legal and support services for the benefit of seniors (anyone 50+ years of age) who may be affected by elder abuse or financial exploitation.

What Does the CCLC Seniors Service do?

• Provide information, advice & support.• Provide short-term counselling.• Provide information on your legal rights.• Represent you in court or before tribunals.• Refer you to other services…

How Do You get Help from CCLC?

• Assistance is by appointment only.• Face-to-face appointments are available at

Cairns, Atherton, Mareeba, Innisfail & Mossman.• If you are unable for a face-to-face meeting, a

telephone consultation me be arranged.• For an appointment phone 1800 650 931

(free call)• CCLC employs a solicitor & social worker for this

service.

CCLC Location

CCLC is located at:-

1st. Floor, Main Street Arcade, 85 Lake St., Cairns

Premises are wheelchair accessible

How can Relationships Australia Help?

RAQ in Cairns can offer:-

• General counselling services

• Victim Counselling & Support Service – sitting & talking with a counsellor about difficulties you are experiencing or any support you may require. We also offer telephone counselling.