How to protect the elderly – World Elder Abuse Awareness Day

What Is World Elder Abuse Awareness Day?

On the 15th June, as every year, it is World Elder Abuse Awareness Day (WEAAD). The world comes together with one aim – to send out a message that abuse of an older person will not be tolerated. WEAAD was created by a United Nations resolution in 2011 to raise awareness of elder abuse and to get the message across that there are many organisations that can help in these cases.

What Is Elder Abuse?

Elder abuse can come in many forms: physical, emotional, sexual and financial abuse.  The elderly population are particularly vulnerable because of frailty and the inability to defend themselves.  There are also cases where they are dependent on the abuser for their care, so they simply accept the abuse because of their fear of having no-one to care for them.

What are the signs of Financial Abuse?

The most common yet often overlooked form of abuse that the legal profession assists with is that of financial abuse.  All members of SFE (Solicitors for the Elderly) are trained in older client care and how to recognise the warning signs of elder abuse.   The abuse can be where a relative or friend is syphoning money from the elder person, suggesting they transfer assets such as a house into their name or even forcing them to change their will to benefit the abuser. With the increase in illnesses such as Dementia and Alzheimer’s, abuse is sadly becoming more frequent.

What can I do if I suspect abuse?

The first step should be to get the abuse stopped as soon as possible.  The charity Action on Elder Abuse which recently rebranded as Hourglass is a charity which can help.  Some SFE members are expert elder abuse solicitors who are experienced in abuse cases and may be to help you.  You can search for an accredited member on our website at www.sfe.legal. You can also contact your local authority (Adult Social Care) as they will have policies in place to protect those at risk.

What steps can I take to protect this happening to me in the future?

There are legal safeguards which can be put in place now to protect you if you ever become vulnerable or unable to deal with your own affairs.

Lasting Powers of Attorney (LPA’s) are legal documents that allow you to appoint people (called your attorneys) to make decisions on your behalf if you are unable to do so yourself. There are LPAs for both property & finances (dealing with your bank accounts, investments, property etc) and health & welfare (dealing with medical treatments, care decisions and even giving and refusing life support).

Property & finance LPAs can be used if you lose capacity or at your direction by your attorneys.   It is absolutely vital that you choose attorneys that you can trust and this is why it is imperative that you use a solicitor when preparing your LPA’s.  We can explain all the safeguards you can put in place and what you need to think about in your choice of attorney.

Andrea Godfrey

Partner at Fisher Jones Greenwood LLP

Andrea Godfrey is a Partner in the Wills, Life Planning and Probate team. Andrea has a broad knowledge of the law but has a particular specialism and passion for advising elderly and vulnerable clients and their families on issues such as Care Fees, Adult Social Care, Deferred Payment Agreements and matters relevant to the Court of Protection. She also specialises in matters such as Equity Releases, Administration of Estates (Probate) Wills and Codicils, Powers of Attorneys and Trusts.  Andrea liaises closely with local Financial Advisors on Equity Releases and is a member of the Equity Release Council. She is a fully accredited member of the Solicitors for the Elderly, (an association of lawyers who specialize in legal services for older people and their carers). She is a Dementia Friend and works closely with and supports the local Tendring community groups and charitable organisations and often gives talks on topical subjects.   Andrea is British Sign language Level 1 accredited. She is recognised in the Legal500 as a Next Generation Lawyer.