Elder Financial Abuse and Elder Law

Home / Expertise / Private Clients / Elder Financial Abuse and Elder Law

Elder Financial Abuse We recover financial losses for our older clients and achieve outcomes that restore dignity and puts them back in control.

Elder Law As you age, it is important you plan ahead to protect your rights. We can help you put in place legally binding documentation to ensure you are able to maintain your quality of life, your financial security and your family relationships.

We can help you

Recover financial losses

recover money lent out that is not paid back
overturn the transfer of property for no value or below market value, where the transaction is unconscionable
prevent the sale of an older person’s home without their authority or consent
recover losses from banks and financial institutions
recover funds misappropriated by duly appointed attorneys, administrators or trustees
pursue lawyers, financial advisors and other professionals who breach obligations owed to their older clients

Plan ahead and protect your rights

create powers of attorney and advanced care directives
estate planning including Wills and structuring
VCAT guardianship and administration matters including contested matters
contest or defend Wills and Estates read more.
acquire or dispose of property.
prepare “granny flat” agreements and other similar intro-family agreements.
prepare loan agreements or document family arrangements

What you can expect

A dedicated practice to helping our older clients and their families

We see many older clients in situations that impact negatively on their quality of life, financial security, family relationships and dignity. To be able to more comprehensively meet the needs of these clients we formed a dedicated practice to address and resolve elder financial abuse and provide elder law expertise.

A personal, sensitive approach

Our clients appreciate our personal service and sensitive approach to what can often be distressing circumstances. We get to know you and gain an understanding of the challenges you face, including your family and other relationships that are important to you.

No surprises pricing

We take our time to understand your situation and the help you need. We provide you with a personalised proposal and a fixed fee cost. You will know the costs before we start work. It is important to us that you feel free to provide information and ask questions without worrying about being charged for every phone call or meeting.

Awards and Accreditation

The team

Thanks again for your promptness and professionalism.
It’s been a huge relief to just get this process moving ahead.
Anna
Our family appreciate the prompt and professional assistance and advice you have provided with this matter.
It has helped us greatly in navigating through this situation initiated by my brother.
Nicole
Thank you for your kindness as well as
your expertise in assisting our mother.
Edward and Richard

Frequently asked questions

What is the difference between Elder Financial Abuse and Elder Law

Elder Financial Abuse is where misappropriation of financial resources or property causes harm to others and Elder Law focuses specifically on issues affecting our clients as they age, and on the rights and responsibilities of older persons.

What is Inheritance impatience?

Elder financial abuse, often referred to as inheritance impatience, occurs where an older person is taken advantage of and suffers financial losses as a result. The abuse often occurs within a family. It is usually perpetrated by a trusted person – an adult child, another family member, a spouse or partner, friend or carer. Elder abuse can also be perpetrated by strangers e.g, online fraud, investment scams and romance scams.

I’m worried about Mum’s financial wellbeing - can I seek advice about my concerns without her permission?

Yes, you can seek legal advice about your concerns which might assist you in discussing the situation with your mother and your family. There are a number of ways that you might be able to approach the situation depending on the circumstances.

My daughter is insisting that I give her access to my bank accounts but I feel like it is not her business – what can I do?

Financial abuse or exploitation can take a number of different forms. It can be theft or mismanagement of an older person’s funds, real estate, investments or personal property. It can be a one-off incident or can continue for many years. Some of the ways that older persons can be exploited include:

Financial coercion with threats of social isolation, not having access to grandchildren or being moved into an aged care facility.
Frequent demands for money.
Mismanagement of powers of attorney, where the attorney misappropriates funds or uses the principal’s funds for the attorney’s personal benefit.
Unscrupulous dealings with property or investments, where the older person transfers the asset under market value.
Persuading an older person to change their Will.
Moving in with an older person and refusing to pay rent, or refusing to leave.

What can I do if I suspect that my father’s attorney is mismanaging his assets?

You have a number of options depending on your father’s circumstances and his preferences about how to manage the issue. You should seek advice about what those options are.