Sunday 15 June marks Father’s Day; for many a cause for celebration. But this Sunday, on a more sober note,  also marks World Elder Abuse Day, and is a reminder that there are many fathers out there, and mothers, and older people generally who are mistreated and victimised.  Hourglass, an organisation set up to highlight the issue of elder abuse, estimates that 1 in 6 older people are victims of abuse.

What is Elder Abuse?

Elder abuse, or abuse of elderly adults, is defined by the World Health Organisation as  a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.  It can be a form of domestic abuse, but not always.

Its consequences can be utterly horrific, and is a stain on society which should pride itself on helping those most vulnerable.

A wrong ‘in the shadows.’

By its nature, it can be difficult for authorities to detect. It is generally not a one off wrongdoing like an assault. It is something that can happen over a long time frame and there may be a period of build up; the person carrying out the abuse is known to the elderly person and also in many instances by others who know and care for them. In the case of an assault, it is usually obvious straight away that an offence has been committed. With elder abuse, that is not so clear. The elderly person may feel is necessary to preserve the relationship,  they may not  understand what is happening, or perhaps worse they may feel it is normal to be treated in the way they are.  Their voice, already diminished in today’s social media driven world, can be muffled or even muted by the abuser.  Society has been slow to realise the potential for exploitation of their vulnerability.

Statistics – Financial Abuse

Here are some of the findings from a “Growing old in the Uk survey” commissioned in 2024  by Hourglass , an organisation set up to highlight the problems of elder abuse:

• Over the last three years, reported economic abuse of the elderly totalled £49million in England and Wales
• 25% of respondents to the survey in England don’t believe that “taking items from an older relative’s home without asking” is a form of abuse.
• 16% of respondents to the survey in England do not believe that “scamming an older person out of money either online or over the phone” is a form of abuse.
• 26% of respondents to the survey in England do not believe that “Family members trying to change the Wills of older relatives” is a form of abuse.
• 26% of respondents to the survey in England do not believe that “Using a Power of Attorney over an Older relative for personal financial gain” is a form of abuse.
• Using data taking from many but not all countries, it is estimated that 1 in 15 older adults worldwide experience financial abuse annually.

Financial Abuse: Prevention rather than cure

It is important that the most vulnerable in society are protected. In the case of financial abuse, as detection can be difficult, and the harm that can be done in the meantime can be so damaging, it is important to look at ways of preventing action, rather than concentrating on penalising those who carry it out.  Given the statistics presented above, education is clearly in order.

Reducing the incentive for those who may otherwise be tempted to carry out abuse

There are two ways in which the government is considering reducing the incentive for financial abuse:

• Bringing in legislation that means a marriage no longer automatically revokes a Will.  Yes, it’s true; as it stands, someone who seeks to exploit a vulnerable person and their wealth, can simply marry them.  If the elderly person had made a Will beforehand, it is void. On death, the abuser will receive the first £322,000 of the estate plus 50% of the remainder plus all possessions.  Of course, the older person can make another will, but the abuser is likely to see to it that they don’t.  The plan under consideration now is that marriage will  not impact on a previous Will.  The only way to change the Will would be to revoke it and/or make a new Will.
• Making it easier to challenge a Will if it is believed the person who made it was unduly influenced by someone else.  After death, a Will can now be set aside on the ground of Undue Influence but only practically if it is proven to a court that the person who made it was coerced into making it by someone else.  The bar in proving it is high; very high.  It is is not easy legally at all.  The government is now considering creating a presumption that the Will was made by Undue Influence should certain factors apply. This should make it easier to set aside the Will and should deter would-be abusers.

It is important that as a society we stand up for those most vulnerable and those without a voice.  The above suggestions under review should help us to do that.

It is of course important to recognise that there are those wrongly accused of elder abuse, and the distress of being so accused when they have done nothing wrong can be immense.

Should you have concerns about someone being abused, then there are organisations who may be able to help, including

1. the Safeguarding team at the Local Authority,
2. the Office of the Public Guardian if there are concerns how someone with a Power of Attorney is treating the elderly person
3. Hourglass: an organisation set up with the aim of ending elder abuse.

We in the litigation department at Ridley & Hall have the expertise to assist in cases of financial abuse.  We are mindful at all times of the emotions allegations of financial abuse can evoke, and we will act with care and kindness but also with a speed and tenacity to ensure that justice is achieved.

Gareth Jones – Solicitor