ELDER ABUSE – DON’T SUFFER IN SILENCE

Stan is 87 years of age and lives at home on his own – a house he has called home for 37 years. His only son lives in Perth.

Stan’s health is starting to fail but his neighbour Jan helps out with trips to the doctor, etc and other odd jobs.

At Jan’s suggestion, Stan appoints her as his Attorney so she can pay the bills for him, etc.

After six months of assisting Stan, Jan starts asking Stan for money to pay her bills.

This progresses to asking for money to buy a car for Jan’s son and furniture for Jan’s house, etc. $44,000 later, Stan is very stressed.

Stan feels pressured by Jan as she is a forceful character.

He is worried that if he says no to Jan he will be unable to keep living at his beloved home.

Jan tells him, "I’ll scratch your back, but you need to scratch mine". So, what can Stan do?

As Attorney, Jan can only enter into a conflict transaction, such as receiving money for her own benefit, if Stan genuinely authorises the transaction.

In any transaction between an Attorney and a Principal there is a presumption under the law that the Principal (Stan) was induced to enter into the transaction.

There is also provision in the legislation to enable a court to order Jan to compensate Stan for his loss caused by her failure to comply with the legislation in the exercise of her power as Stan’s Attorney.

Stan could seek out the assistance of a lawyer to help him recover monies from Jan without the need for the involvement of a court.

Stan could still use the assistance of a court if that did not work.

Stan could also make a complaint to the Public Guardian about the improper use of Jan’s power. They will suspend Jan’s power and investigate. Stan should also revoke his Power of Attorney and make a new one.

If you find yourself in a difficult situation, don’t suffer in silence. Reach out and seek legal advice.