Elder abuse

If someone you know is suffering elder abuse, you can report it and get help.

When you need legal advice

Get legal advice if: 

  • you’re being pressured to lend or pay money you don’t think you owe, or sign a contract you’re unsure about
  • you’re being pressured to make or change a will
  • you’re experiencing physical or psychological abuse of any kind
  • you believe someone you know is being abused, physically, emotionally or financially, or being otherwise taken advantage of if they don’t have legal capacity.

How to get legal advice

What is elder abuse?

Elder abuse is when someone in a relationship of trust with an older person commits an act causing emotional, psychological, financial, physical or sexual harm or neglect.

Older people might not report or discuss concerns about abuse with others because of feelings of shame, fear of retaliation, worries about involving other family members, or concerns about being institutionalised. Often they're not aware that they're experiencing abuse, or may feel that it's their fault.

If you or someone you know is experiencing elder abuse, in Queensland you can call the free and confidential Elder Abuse Helpline on 1300 651 192 Monday to Friday 9am to 5pm. If you, or someone you know, is at risk of immediate harm, call the police. In an emergency, call 000.

Family and domestic violence services

If you're an older person experiencing family or domestic violence from a partner, relative or a family member (such as your children) then there are services available to help you, such as:

If you’re experiencing family or domestic violence, you can:

  • apply for a domestic violence order or ask the police to apply for you
  • apply for an urgent temporary protection order
  • ask the police to charge the person being violent.

Find out how to apply for a domestic violence protection order.

Financial abuse

We may also be able to help older people experiencing abuse in situations such as:

  • Housing and tenancy:
    • Elderly parents being pressured to sign as a joint borrower to a loan rather than a guarantor.
    • Elderly parents being pressured into using their house as security for a loan taken out by their children (e.g. for a small business or a residential property).
  • Money and debt:
    • Elderly parents or relatives being pressured by debt collectors to help pay off debts, despite not having any legal obligation.
    • Resolving debts from banks or financial institutions that may be owed money by older people experiencing financial hardship (e.g. they are on the pension and have no assets).
    • Older people being pressured into unfair or unsuitable contracts, for example, utilities such as phone, water, electricity, or for the sale of goods and services (e.g. massage chairs or beds).

Wills and powers of attorney

This is a complex area of law and you should get private legal advice if you are being pressured into:

  • making a will
  • changing a will
  • cancelling a will
  • giving someone enduring power of attorney.

The Public Trustee has information about wills and enduring powers of attorney.

Find a specialist private lawyer practising in this area of law.

Legal capacity

Legal capacity is the ability to make binding legal decisions, like agreeing to wills or contracts. To have legal capacity, you must be able to understand the significance of what you're doing.

If you don’t have legal capacity, someone (usually a family member) may apply to QCAT to be appointed to make decisions on certain matters for you.

Learn more about legal capacity

If you think someone making decisions for you (or someone you know) isn’t acting properly, you can report this to the Public Guardian, who will investigate.

Report abuse to the Public Guardian 

Discrimination

There are laws to stop people being discriminated against due to their age or disability. If you think you've experienced discrimination because of your age, you should get legal advice. 

More information about elder abuse

Learn more about elder abuse, including how to recognise the signs, and how to get help on the Queensland Government website. 

How to get legal advice 

We can’t:

  • give advice about wills, powers of attorney or advanced health directives
  • sign or witness these documents. 

We may give advice about elder abuse, including family and domestic violence, consumer rights, family law and anti-discrimination. 

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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