Integrated Legal & Social Support in the context of Elder Abuse Rebecca Edwards Welcome page

Relationship of perpetrator to the older person Analysis of data about people seeking help from Seniors Rights Victoria: Relationship of perpetrator to the older person Having just partnered with the National Ageing Research Institute to analyse our Helpline data from the previous two years, Seniors Rights Victoria was in prime position to illustrate elder abuse as a family violence issue. Data showed that 92% of perpetrators were related to the older person including by marriage or as de facto partners, with two thirds of abuse being perpetrated by a son or daughter of the older person. Seniors Rights Victoria’s submission urged the Royal Commission to pay attention to the largely hidden experiences of older people experiencing family violence, whether it be long-term intimate partner violence that continues into older age, intimate partner violence that begins to occur because a partner declines in cognitive abilities (for example, because of dementia) or abuse in any of its forms by an adult son or daughter against his or her mother or father. However, given that the majority of our clients reported abuse from their son or daughter, the submission focused on older people experiencing intergenerational violence. Source: National Ageing Research Institute in partnership with Seniors Rights Victoria

Some features of the model Home visits (home, hospital, aged care setting or other “safe” location) Client-centred approach Risk assessment Genuine integration of the two disciplines

Benefits Identify social, health, accommodation, family problems quickly Identify legal issues quickly Holistic approach to client’s problems Empowering the older person to take legal action Access to justice can be facilitated Identification of Law Reform issues Development of trust (particularly of lawyer)

Example Lived in house for 30 years Loan taken out for benefit of brother House “sold” to nephew for value of loan (half the value of the house)

Example cont. Issue facing client when we met with her: Notice of Vacate with only 2 weeks to run No attempt to pack up / find alternate housing Limited pension because of gifting rules Debts Abuse from family members Possible breach of contract / equitable interest case Possible breach of banking lending rules

Disadvantages / Challenges Reticence to contact legal service ?? Reticence to take legal action Individualistic approach v family centred approach Competing professional responsibilities of lawyers v social workers Confidentiality Broader family Who is the client? Individual v family unit Capacity