RUNNING HEAD: Essay on Elderly Requiring Protection from Financial Abuse

ASSESSMENT COVER SHEET

Family Name: Given Name(s):

KAUR
GURDEEP

Student ID: Course:

BACHELOR OF COMMUNITY
1071251 SERVICES

Unit Code: Unit Name:

SAP103 INTRODUCTION TO WELFARE LAW

Tutor: Assessment Number/Title:

Julie PORTER STEPHENS 3

Semester/Trimester and Year: Word Count:

T2 1549

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 Assessment 3: Essay
Introduction
Elder people are one of the most vulnerable sections of any society. They are mostly
dependent on their family members psychologically and financially and in, this stage of life they
deserve the care and support from their close ones. However, they often must face abuse from
majorly the people they trust and depend on. Dow et. al. (2020) has defined elder abuse as any act
that causes harm to an older person and is carried out by someone they know and depend on such as
friends and family. As per the AIFS elder abuse research, one in six Australian elders experience
some form of abuse. Abuse of elder people can take many forms including, psychological abuse,
neglect, physical abuse, sexual abuse, and financial abuse (AIFS, 2023).
To secure the elderly people from any kind of abuse and ensure their abuse, there must exist
a strong welfare law. This essay aims to critically analyse the application of welfare law to secure
the elder people of Australia from abuse specifically financial abuse.
Reasons Behind the Need of Legal Protection
Elder abuse is one of the most prominent issues in Australian society. As of the 1980s, this
issue was massively ignored and the issue grabbed attention after the publication of several reports
and publications, which brought national and state-level responses. As per the estimates of WHO,
15.7% of the people above 60 in Australian society have experienced abuse, which indicates that
nearly 75,000 older in Western Australia are facing abuse. The study by Blundell, et. al., (2020)
argued that the figure of elder people on the verge of risk of abuse is much higher than this but the
reason for the underestimate is the lower cases of the report. Elder people often lack the ability to
take care of their belongings and benefits and thus they depend on the people they trust and
experience most of the abuse from their end. Hence, to secure the vulnerable section from abuse,
legal protection is much needed (ELDER ABUSE PROTOCOL: Guidelines for Action, 2017). As
they face abuse from their close ones, without legal protection there is no way to save their interest.
Financial abuse is one of the most common forms of abuse faced by elderly people is the
financial abuse. According to Dow et. al., (2020) Financial abuse is manifested in several ways
including, unauthorised use of elderly person's money or pension, mismanagement of their property,
taking up the elderly person’s residence from own benefits, stealing, misuse of Power of Attorney
document, incurring bills of which the elderly person is responsible and so on. The study further
shows that 70% of the elderly person who were victims of financial abuse was women and fell
under the age group of 65 to 89. The study revealed that the actions of the abused are often powered
by the opportunism of their own financial difficulties and stress (Blundell, et. al., 2020). In this
context, it can be said that the abuser often takes the opportunity of the dependence and inability of
the elderly person and fulfils their own benefit by putting the gun on their shoulder. The findings
also reflect that about 39% of elderly people who reported financial abuse stay with the abuser who
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 Assessment 3: Essay
is mostly the son daughter or partner of the person. In this regard, legal protection is highly required
so that, elderly persons are less vulnerable to financial abuse.

Figure 1: Statistics of Elder Abuse

(Source: ELDER ABUSE PROTOCOL: Guidelines for Action, 2017)
As per the study conducted by Clare, et. al., (2011) mistreatment and abuse often make it
harder for elderly persons to stand up for their own rights. The task becomes much more difficult
when the abuse comes from close ones like family members or friends, or relatives compared to
abuse by strangers. Simply because the emotional tie is there such instances make elderly people
disheartened and that also causes an impact on their physical and mental health. Besides that,
generally, elder persons prone to financial abuse survive on their own savings and pensions so abuse
in that respect can impact their financial security (Morton & Whittaker, 2022). Therefore, there
must be legal protection so that the act of financial abuse gets obstacles, and the elderly person feels
secure with the power of the law.
Relevant Principles of Welfare Law Underpinning the Legal Protection of Elderly Persons
Welfare law is one of the most necessary aspects of protecting the well-being and rights of
the elderly persons of Australia. The principles of welfare law that ensure the legal protection of
elderly persons include dignity, autonomy, equity, access to justice and accountability.
According to, ‘Dignity’ is the fundamental principle that focuses on treating elderly persons
with compassion, empathy, and respect. It makes sure that, their inherent value and worth as an
individual are recognised and protected in an effective manner, regardless of their mental condition
and age (Morton & Whittaker, 2022). The welfare law prohibits any form of discriminatory
treatment or abuse such as mental, physical, social, and financial abuse and makes sure the elderly
persons are provided with dignified support and care.

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 Assessment 3: Essay
‘Autonomy’ is another crucial principle of Welfare law, which ensures that elderly persons
have the right to make decisions about their own lives. This principle considers the right to self-
determination which allows the elderly persons to take control over their own life choices including
personal finances, lifestyle, etc. (Johnston, 2022). This principle of the law protects the autonomy of
elderly persons by giving them the legal power that the decisions regarding their medical treatment,
accommodation, care, and finances are made with their informed consent and with proper
consideration of their preference.
One of the core principles of welfare is Equity. According to Morton, et. al. (2020), without
equity, no welfare is desired. The principle of equity ensures equality and fairness in the protection
of elderly persons. Elder persons face specific challenges and vulnerabilities including decreased
cognitive impairments and make sure that despite of all such, they must have equal access same
resources rights and services as others. These principal stresses minimising inequalities by
implementing support and safeguarding support mechanisms that address the specific circumstances
and needs of the older population (Johnston, 2022).
Access to Justice is another crucial principle that ensures that older persons get proper
access to legal support for redress if their rights are violated and if they are subject to any kind of
harm or injustice. The principle makes sure that the vulnerable group gets access to information,
and support services and can take legal actions without facing discrimination and barriers (Clare, et.
al., 2011).
Critique of the Current Application of the Law Protection of Elderly
The commonwealth and Australian law suppers the benefits and securities of the vulnerable
section but the prominent cases of elderly abuse reflect gaps in the prohibition and implantation of
such laws. Several studies highlight the gaps in the current application of law protection for the
elderly. According to Henderson and Willis (2020), the Aged Care Act 1997, which primarily
addresses aged care services but does not have comprehensive provisions for the prevention and
detection of elder abuse. This legislation focuses more on providing aged care facilities rather than
protecting the individual rights of the elderly. Consequently, instances of abuse, neglect, and
financial exploitation often go unreported and unaddressed.
Additionally, the Guardianship and Administration Act 2000, which establishes the
framework for decision-making on behalf of persons lacking decision-making capacity, fails to
adequately consider the specific needs of the elderly (Henderson & Willis, 2020). The lack of
provisions addressing the challenges faced by ageing individuals, such as undue influence or
financial abuse, means that the legal system may not effectively protect their interests.
Moreover, the current criminal law framework does not adequately address elder abuse.
Despite certain offences, such as assault or theft, being applicable to incidents of elder abuse, they
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 Assessment 3: Essay
fail to acknowledge the unique vulnerabilities and dynamics involved (Regan, 2019). The absence
of specific legislation targeting elder abuse undermines the commitment to protect this vulnerable
group and hampers efforts to prevent such mistreatment.
The current application of the law for the protection of the elderly in Australia is hindered by
legislative gaps, resulting in insufficient protection of their rights and well-being. The lack of
comprehensive provisions, particularly in the Aged Care Act 1997 and Guardianship and
Administration Act 2000, limits the legal system's ability to adequately address issues such as
elder abuse and financial exploitation (Phelan, et. al., 2021). To enhance the levels of protection and
support provided to the elderly, it is crucial for Australian legislation to be updated and expanded to
encompass the unique challenges faced by this segment of the population.
Conclusion
In conclusion, it can be said that elderly persons are vulnerable to abuse as they are majorly
incapable of ensuring their interests. Hence, it is the responsibility of the State to ensure the safety
and interest of such vulnerable communities through legal protection. There are several laws to
safeguard the interest of the elderly individual however, the gap in those laws in ensuring the
welfare of the community is also prominent. This essay majorly focuses on the welfare law for
safeguarding the financial abuse of the elderly population and it can be concluded that the elderly
population needs well-defined legal protection.

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 Assessment 3: Essay
Reference List
Blundell, B., Warren, A., & Moir, E. (2020). Elder abuse protocols: identifying key features and
establishing evidence for their use and effectiveness. Journal of Elder Abuse &
Neglect, 32(2), 134-151.
https://www.tandfonline.com/doi/abs/10.1080/08946566.2020.1736225
Clare, M., Clare, J., & Blundell, B. B. (2011). Examination of the extent of elder abuse in Western
Australia: A qualitative and quantitative investigation of existing agency policy, service
responses and recorded data. https://anrows.intersearch.com.au/anrowsjspui/handle/1/18777
Dow, B., Vrantsidis, F., O’Brien, M., Joosten, M., & Gahan, L. (2020). Elder abuse in
Australia. International Handbook of Elder Abuse and Mistreatment, 559-574.
https://link.springer.com/chapter/10.1007/978-981-13-8610-7_30
ELDER ABUSE PROTOCOL: Guidelines for Action (2017). APEA: WA Alliance for the
Prevention of Elder Abuse: Western Australia.
https://www.tandfonline.com/doi/abs/10.1080/08946566.2020.1736225
Australian Institute of Family Studies: AIFS. (2023). About AIFS' elder abuse research.
https://aifs.gov.au/research_programs/elder-abuse-research#:~:text=About
%20AIFS’%20elder%20abuse%20research&text=Our%20findings%20include%20that
%201,financial%20abuse%20(2.1%25)
Henderson, J., & Willis, E. (2020). Chapter twelve: The marketisation of aged care: the impact of
aged care reform in Australia. Navigating Private and Public Healthcare: Experiences of
Patients, Doctors and Policy-Makers, 249-267. https://www.researchgate.net/profile/Fran-
Collyer/publication/337956575_Chapter_Six_Gatekeepers_in_a_Mixed_PrivatePublic_Syst
em/links/606a58e5458515614d35f4d5/Chapter-Six-Gatekeepers-in-a-Mixed-Private-Public-
System.pdf#page=275
Johnston, C. (2022). Ethical design and use of robotic care of the elderly. Journal of Bioethical
Inquiry, 19(1), 11-14. https://link.springer.com/article/10.1007/s11673-022-10181-z
Morton, R., & Whittaker, A. L. (2022). Understanding subordinate animal welfare legislation in
Australia: Assembling the regulations and codes of practice. Animals, 12(18), 2437.
https://www.mdpi.com/2076-2615/12/18/2437/pdf
Morton, R., Hebart, M. L., & Whittaker, A. L. (2020). Explaining the gap between the ambitious
goals and practical reality of animal welfare law enforcement: A review of the enforcement
gap in Australia. Animals, 10(3), 482. https://www.mdpi.com/2076-2615/10/3/482/pdf
Phelan, A., O'Donnell, D., & McCarthy, S. (2021). Financial abuse of older people by third parties
in banking institutions: a qualitative exploration. Ageing & Society, 1-22.
https://www.tandfonline.com/doi/abs/10.1080/08946566.2020.1736225
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 Assessment 3: Essay
Regan, A. J. (2019). The Bougainville referendum: Law, administration and politics. Department of
Pacific Affairs, The Australian National University. https://openresearch-
repository.anu.edu.au/bitstream/1885/186428/1/The%20Bougainville
%20Referendum_LOW%20RES.pdf

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