New Australian program aims to help older adults navigate ‘complex’ legal landscape

A new program set to help older Australians with their legal affairs has been launched in an Australian first by the New South Wales (NSW) Law Society.

The initiative aims to provide older Australians and their carers with access to solicitors who are experts in Elder Law, addressing a growing need for specialised legal advice as Australia’s population ages.

President of the NSW Law Society, Brett McGrath said adding Elder Law to their current Specialist Accreditation scheme meets a growing demand for legal advice in Elder Law as Australia’s population ages.

“When older people and those who manage their affairs face complex legal problems, they may need expert advice to navigate the issues. A program that recognises advanced expertise in Elder Law will help lead to more just outcomes in these complex matters,” McGrath said.

“This is particularly important at a time when one in six older Australians report experiencing elder abuse in any given year. Reports of elder abuse to the NSW Ageing and Disability Commission rose 24 percent in the first quarter of this year, over the previous quarter.

“Additionally, some applications before the NSW Civil and Administrative Tribunal (NCAT) Guardianship Division have more than doubled in the five years to 2023, others have had significant double figure growth.”

Although the Law Society of NSW will deliver the new Specialist Accreditation in Elder Law, McGrath said eligible solicitors beyond NSW may join the program.

“I am thrilled that our counterpart organisations in multiple jurisdictions have indicated that they will recommend their interested members participate in the Law Society’s program. This will eventually result in a national pool of Elder Law experts in jurisdictions that make up 85 percent of the Australian population,” he said.

“The Law Society is grateful for the support expressed for the new area of Accreditation from important stakeholders, ranging from community-based organisations delivering free legal help to older Australians up to the Australian Attorney General Mark Dreyfus KC.”

While the new program aims to offer the specialised legal assistance older adults need, especially in cases of elder abuse, the Australian Government has also launched a multimillion-dollar ad campaign to combat this pressing issue and raise awareness about elder abuse.

Currently, one in six older people in Australia has experienced elder abuse in the past year.

Alarmingly 1 in 2 people who perpetrate elder abuse are a family member, with psychological abuse the most common form of abuse.

From July 28, a series of awareness initiatives were launched across Australian television, online channels, and in health clinics to highlight elder abuse, which can take the form of physical, psychological, sexual, and emotional mistreatment, as well as financial abuse and neglect.

Attorney-General Mark Dreyfus described elder abuse as a disgraceful and frequently hidden form of cruelty and mistreatment.

“It is ugly, it is unacceptable, and it must be eliminated,” he said.

“It is critical that we continue to work together as a community to promote the rights and safety of older people and ensure that everyone is able to age with dignity and respect.”

If you suspect elder abuse, it is important to take appropriate action:

• In an emergency, call 000: If you believe that an older adult is in immediate danger, contact the police or emergency services.
• Check-in with your loved one: Encourage open communication and gently prompt them to share any concerns or experiences of abuse.
• Maintain regular contact: Socially isolated elders are at a higher risk of abuse, so staying in touch can provide support and help identify potential issues.
• Take accusations seriously: It is crucial to believe and validate the experiences shared by older adults regarding abuse. Ensure that they receive the necessary help and support.
• Report to appropriate authorities to report cases of abuse or neglect. There are also organisations that can investigate the situation and take appropriate actions to protect the older adult.