Elder Abuse & Financial Control: “Help, I’m Being Bullied!”
As people age, the sort of things that trouble them include meeting health needs, suitable accommodation and maintaining connection with family and friends. Increasingly, however, a new problem is emerging for the elderly to deal with, that is bullying, conning or controlling behaviour designed to take advantage of them.
Various commentators have suggested that the increase in bullying behaviour correlates directly with the increasing numbers, from generation to generation, of people with personality problems, and it is the rising numbers of these people that are causing most of the problems. There is probably some truth to that point of view.
A personality problem is not a mental illness, but it is a twisting or corruption of a person’s thought process and therefore character, which manifests in these sorts of behaviours:
- A preoccupation with blaming others and not taking responsibility for their own behaviour.
- A lot of “all or nothing” thinking and demands.
- Unmanaged emotions that drives behaviour.
- Extreme behaviour.
- Domineering, vindictive and intrusive behaviour.
- Lack of remorse (i.e. an indifference to or rationalising away having hurt, mistreated or stolen from another).
- Violent and aggressive behaviour.
The reality is people over 65 are generally a vulnerable target for family members and friends with these types of behaviours because:
- They are weaker physically and sometimes mentally as well.
- They are more isolated without the support of younger family members and partners in the home.
- They have accumulated superannuation or have a nest egg of savings.
- They can be very susceptible to coercive controlling behaviour from relatives.
Coercive controlling behaviour is a form of psychological abuse. Coercive control can include control of finances, or access to health care and isolating the elderly person, contact with friends and family. The target of this behaviour will often grow more and more depressed and helpless as the behaviour wears them down over time as attempts to check or limit the control is met with angry or threatening or manipulative responses. Meanwhile it is common to isolate the individual, to prevent them asking for help. So phone calls are met with “No you can’t talk with Nana she is asleep and I don’t want to wake her”. Or “she’s not here, I’ll tell her you called”. Or “She doesn’t want to talk to you.”
There is a growing need for protection of senior citizens from this type of bullying behaviour. As with all types of bullying behaviour, it will not stop until it’s confronted.
How can the law protect against these bullies?
In some cases, the behaviour warrants a domestic violence protection order.
In some cases, the behaviour is outright criminal, and a report must be made to the police.
If the bully has secured control over an aged relative, for example as the sole attorney under a power of attorney document then:
- The power of attorney can be revoked and replaced. (We always recommend to all clients two or more attorney’s be appointed under any power of attorney document so they keep an eye on each other).
- An application for termination of the Enduring Power of Attorney appointment of a replacement guardian and or administrator can be made to QCAT.
The experienced Madsen Law team can provide you with guidance and support. If you feel that someone in your life is being subjected to this type of bullying behaviour, please call us today for an initial consultation to discuss your case and how we can help you. (07) 3209 7744
