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According to lawyer Catherine Henry, who specialises in elder law, some abusers use an elderly person’s lack of understanding to misuse powers of attorney to legally control that person’s finances or make decisions about their care.
“Others may isolate the elderly person, preventing them from seeking help. In some cases, abusers may take advantage of cognitive decline to manipulate or coerce decisions, such as changing a will or signing over assets.”
Older Australians have the right to make decisions about where they live, provided they have the legal capacity to do so, Henry said.
“If an older person is found to lack capacity, a substitute (or supported) decision-maker may be appointed through legal processes such as through the vehicle of guardianship or an enduring power of attorney (‘EPOA’).
Any decision taken by a substitute decision maker should always prioritise the older person’s best interests and respect their wishes as much as possible, Henry said.