The Elder Law, Capacity, and Succession Committee contributed a Law Society submission to the Law Council of Australia in response to the consultation by the Attorney-General’s Department on the draft National Plan to End the Abuse and Mistreatment of Older People 2024-2034 (‘National Plan’).
Some of the key areas of focus in the draft National Plan include ageism, promoting the rights of older people, and ending abuse and mistreatment.
The National Plan is informed by the independent evaluation of the first National Plan to Respond to the Abuse of Older Australians 2019–2023 and has a 10-year term.
In this submission, The Law Society:
suggested an information form containing notes on duties, liabilities, and warnings against financial abuse should accompany the power of attorney template form for each state and territory
supported the National Plan’s focus on the importance of putting in place future planning documents
suggested increase in access to legal support, compensation and counselling for victims of elder abuse
recognised the important role of banking and financial service providers in preventing and responding to elder abuse
noted that the move from face-to-face to digital services makes many older Australians more vulnerable to abuse as they may rely on other people to use technology, and suggested service providers consider reopening face-to-face services for elderly customers, where possible;
suggested it would be helpful for banking and financial service providers to create products tailored for the needs of older people, including third-party access products such as the ‘companion card’ used in the United Kingdom, which allows older people to top up the card and give it to a carer to make purchases on their behalf without giving them access to their bank accounts
noted the Law Society’s new Elder Law Specialist Accreditation program, created to assist with the growing need of older people who need expert legal advice