Safeguard your future
The abuse of older people can take many forms including financial, physical, psychological, sexual and neglect. It can can be easily hidden until somebody speaks out.
In our video, we explain why completing documentation such as an enduring power of attorney and a Will is important.
The abuse of older people can take many forms including financial, physical, psychological, sexual, and neglect, which can be easily hidden until somebody speaks out. Completing well considered documentation such as an enduring power of attorney and a will is important, make an enduring power of attorney.
An enduring power of attorney is a legal document that allows you to appoint someone you trust to make financial or personal decisions for you if you are unable to. If you intend to make an enduring power of attorney, don't delay as you won't be able to make one. If you lose capacity, there will be lots of choices and options to consider.
For example, you may appoint more than one attorney and assign each one to specific decisions related to your financial and or health matters. It's important to choose an attorney who can do the job, someone who understands the responsibilities of their role and who can carry out their duties well, if possible, consider picking an attorney who isn't in conflict with other important people in your life.
It's also strongly advised to seek independent legal advice from a qualified legal professional. This ensures you receive personalized advice and will give you peace of mind that your document is correctly prepared to reflect your intentions and all legal requirements are met.
Make a will. Make sure you have a will because your enduring power of attorney is only effective while you're alive.
A will is a legal document that tells people what you want to happen after you die. It can be helpful for your attorney to know about your will and your wishes so they can take account of them when making decisions for you. Your choice of executor, the person who will administer your deceased estate is also important. Some people may choose an executor who is not their attorney.
As a safeguard, make sure to keep these documents up to date and keep trusted people informed that you have made these documents and where they're kept Lawyers and Queensland public trustee can prepare an enduring power of attorney or a will for you in accordance with your instructions. Plan ahead and safeguard your future today.
Financial abuse of older people
About financial abuse of older people
The financial abuse of an older person is the misuse or theft of their money or assets including:
- forcing an older person to sign over their property or assets, including parents
- misusing or taking an older person’s money or credit cards
- using undue influence or deception to change the terms of an older person’s Will or enduring power of attorney
- forging an older person’s signature.
Who is at risk?
Often, older people can experience abuse at the hands of someone close to them. This may include a family member, carer or friend.
Sometimes family members can become dependent on an older person for financial support.
A family member can have strong influence by caring for and protecting the older person.
Older people most at risk of financial abuse are those:
- experiencing social or physical isolation
- who are largely dependent on others, such as those with deteriorating health or reduced capacity for decision-making.
Financial abuse can happen to those who have a lot of money and to those whose only income and asset is the aged pension. It can happen to older people living in care facilities, as well as those living at home.
The signs of financial abuse
Is an older person you know:
- Showing unusual bruises or other injuries that they struggle to explain?
- Afraid of someone close to them?
- Anxious or nervous but unable to articulate why?
- Not answering their own phone anymore?
- Deferring to another person to speak on their behalf?
- Struggling to pay for bills, medication or necessities when they didn’t previously?
- Showing significant changes in their appearance in ways that make you worry for their health and wellbeing?
Learn more from Queensland Government's Stop elder abuse
What to do if you know an older person experiencing abuse
Contact the Elder Abuse Helpline
If you suspect that an older person you know is being abused, or if you are experiencing abuse yourself, call the Elder Abuse Helpline.
Anyone can make the call, and you can remain anonymous if you prefer.
The Elder Abuse Helpline provides confidential information, support and referrals to appropriate services including legal, community support and advocacy services.
The helpline is available from 9am to 5pm, Monday to Friday.
If you witness violence or are worried that an older person is at immediate risk, call the police on triple zero (000).
Document available for download
How to reduce the risk of financial abuse
Your Will and enduring power of attorney
Completing well-considered documentation such as an enduring power of attorney and a Will is vital to protect your future. It's always recommended that you use a professional such as your lawyer or QPT to prepare an enduring power of attorney or a Will.
The suggestions here do not take account of your personal circumstances and may not be suitable for everybody. This information is intended to raise awareness of some of the issues associated with making an enduring power of attorney and is not a substitute for advice.
Appoint a capable attorney
An attorney can be personally liable if they make a mistake or do the wrong thing. To be an attorney you need to understand the rules that apply under the Powers of Attorney Act 1998. There are serious risks and penalties if an attorney doesn’t meet the required standards.
If your financial affairs are complicated, consider who has the technical ability to be your attorney. Common complexities include taxation, Centrelink benefits, investment of funds, and superannuation issues. Professional fiduciaries, such as trustee companies, lawyers, accountants and QPT, are often appointed as an attorney. This is because of their expertise. However they will charge fees to perform this work.
Appoint an attorney who isn’t in conflict with other people in your life
Many disputes involving attorneys result from the appointment of an attorney who does not get along with other important people in the principal’s life. When there is conflict or a risk of conflict, you should appoint someone else or a professional fiduciary as your attorney.
Appoint more than one attorney
When making your enduring power of attorney, consider having more than one attorney.
This can prevent a single attorney from:
- keeping affairs to themselves
- making careless decisions
- making decisions that benefit them.
Having too many attorneys can also cause problems, so it is best to find a balance.
Consider when your attorneys need to act jointly
You may choose one attorney to be able to make small decisions by themselves.
However, larger decisions may need them all to agree. This could be about the investment of your funds or the sale of your home.
Consider limiting the powers of your attorneys
An attorney can have complete or partial power when it comes to decision making. You can insist that major decisions need more procedure and oversight
For example, you may decide to exclude your attorney from selling treasured items you have gifted to a loved one without the approval of a specified person.
However, your attorney does need to have enough powers to undertake their role and responsibilities. If they don't, they may need to apply to the Queensland Civil and Administrative Tribunal (QCAT).
Appoint nominated a person or persons
There are are people the attorney must keep informed about the financial decisions they are making. These are the nominated person or persons.
If you appoint one of your children as a sole attorney, then appointing your other children or someone else you trust as nominated persons may be a good idea. You may also give directions or powers to your attorney to provide certain types of documents and information to certain people.
Non-binding directions or wishes
You can create a record of your wishes for the future. Your attorneys would be acting poorly if they disregard your wishes. This may tie in with the way your Will disposes of your property. It is important to let your attorney know about your wishes when you have the capacity to tell them. If you write them down, then they are available for your attorneys to consider in the future.
Make a Will
Make sure you have a Will because your enduring power of attorney is only effective while you are alive. It can be helpful for your attorney to know about your Will and your wishes so they can take account of them when making financial decisions for you.
You may want to balance this against keeping the contents of your Will private, which is your right. You can make a list of your valuable property to be kept with your Will or in a safe place. Or you can provide this list to trusted people in your life. Such a list may ensure those who administer your deceased estate know about the property you had in your life, before your attorney took over.
Your choice of executor is also important. This is the person who will administer your deceased estate.
You may choose an executor who is not your attorney as a safeguard.
Where capacity to make an enduring power of attorney may be challenged
Many disputes come about because the person making the enduring power of attorney (called the principal), who has declining capacity, makes a number of enduring power of attorneys. This can happen because the attorneys appointed in these documents are trying to ensure they (and not others) become the attorney for the principal.
Disputes, which need to be resolved legally through QCAT, often result in deep family divisions. If you want proof of your capacity to make an enduring power of attorney, consider seeing your regular GP to get a record of your capacity on the day you make it.
Documents available for download
About an enduring power of attorney
At some point in the future, a situation may arise where you are unable to make your own decisions about personal, health or financial matters. This might be because of an accident, a medical condition, or a mental illness.
An enduring power of attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. This can include:
- personal decision
- health decisions
- financial decision.
If you intend to make an enduring power of attorney don’t delay, as you won’t be able to make one once you lose capacity.