Elder Abuse — When Those Closest to Home Cause the Greatest Harm

Elder abuse is far more common than most Australians realise — and far more likely to be perpetrated by someone the victim knows and loves than by a stranger. It is a form of harm that thrives in silence, in closed households, and in the complicated dynamics of family relationships. It is also, in many cases, a legal matter.

What the data tells us

The Australian Institute of Family Studies and the Australian Bureau of Statistics have both documented the scale of the problem. Research commissioned by the Australian Law Reform Commission estimates that approximately one in six Australians aged 65 and over has experienced some form of elder abuse. The World Health Organization estimates that globally, around 1 in 6 people over 60 experienced abuse in community settings in the past year — a figure widely considered an undercount given how rarely victims report. In Australia, the National Elder Abuse Prevalence Study (NEAPS), published in 2021, found that 14.8% of older Australians — nearly 1 in 7 — experienced abuse in the 12 months prior to the survey. Of those, the most common forms were psychological abuse (11.7%), neglect (2.7%), financial abuse (2.1%), and physical abuse (1.8%). Critically, in the vast majority of cases, the perpetrator was a family member.

The forms elder abuse takes

Elder abuse is not limited to physical violence, though that is often what people picture. It encompasses a wide spectrum of harmful conduct: physical abuse including hitting, pushing, restraining, or withholding medication; psychological and emotional abuse including screaming, humiliation, threats, isolation, and sustained intimidation; coercive control — a pattern of behaviour designed to dominate, monitor, and strip away the older person's autonomy and independence; financial abuse including theft, misuse of a Power of Attorney, pressuring someone to change their Will, or taking control of assets without consent; neglect, both active and passive — failing to provide adequate food, medical care, hygiene, or social contact; and directed actions, where the abuser deliberately engineers situations to harm the older person, and indirect actions, where harm results from wilful indifference or systemic failure to act.

Who are the abusers?

The data is consistent and confronting: the people most likely to abuse an older person are those closest to them. Adult children are the most frequently identified perpetrators of elder abuse in Australian research, followed by spouses and intimate partners, other family members, and — in institutional settings — paid carers. This reality is deeply uncomfortable. It challenges the assumption that family is always a place of safety, and it helps explain why elder abuse is so chronically underreported. Victims are often reluctant to name a son, daughter, or spouse as an abuser. They may fear losing their relationship, their home, or their only source of care. They may have been told — repeatedly — that the abuse is their own fault.

The pattern of cover-up and negation

One of the most consistent features of elder abuse is the way perpetrators deflect accountability. When confronted — by the victim, by other family members, by professionals, or by legal representatives — abusers frequently negate their conduct by redirecting blame. They characterise the older person as confused, difficult, or mentally incapable. They reframe financial exploitation as "helping out" or "what was always agreed." They describe coercive control as "looking after" someone who cannot manage themselves. They position themselves as the responsible party and the victim as the problem. This pattern of negation is not incidental — it is a deliberate strategy that serves to isolate the older person further, undermine their credibility, and discourage intervention. Recognising it is essential for anyone seeking to assist a victim.

A note on public persona and private conduct

It is important to acknowledge something that experience in this area makes clear: elder abuse is not confined to any particular type of person, background, or social standing. Perpetrators can be found across every demographic. Notably, individuals who publicly advocate for rights, position themselves as community leaders, or build a reputation around social justice and progressive values are not immune. In some cases, the public persona of a caring, principled advocate can itself serve as cover — making it harder for victims and observers to reconcile what they see in private with the image projected outward. Elder abuse does not discriminate. It occurs in wealthy families and struggling ones, in educated households and less educated ones, among those who speak loudly about fairness and those who do not. Awareness of this reality is not about suspicion — it is about ensuring that no one is above scrutiny when the welfare of a vulnerable person is at stake.

What Djeric Legal has seen

Djeric Legal has acted in matters involving a range of elder abuse circumstances — from financial exploitation through misuse of Powers of Attorney, to coercive control within family settings, to disputes arising from Wills that were altered under pressure or undue influence. These cases are rarely straightforward. They involve sensitive family dynamics, competing accounts, and often a victim who is ambivalent about taking action against someone they love. Our approach is always guided by the older person's interests, their right to make informed decisions, and the principle that vulnerability should never be exploited.

What can be done

If you suspect an older person is being abused — or if you are an older person experiencing abuse — there are legal options available. Depending on the circumstances, these may include applying for an Apprehended Violence Order (AVO), challenging a Will or Power of Attorney on grounds of undue influence or lack of capacity, pursuing financial recovery through civil proceedings, making a report to the Aged Care Quality and Safety Commission (for institutional abuse), or contacting the NSW Elder Abuse Helpline on 1800 628 221. Legal advice at an early stage can make a significant difference. The longer abuse continues, the more entrenched the patterns become and the harder it can be to unwind the harm — particularly in financial matters.