Where were you raised and what influenced your career?
I was raised in Orange NSW. My greatest influences are my parents and the mentors I have been fortunate to have. People with experience teach what the textbooks can't.
Why did you ultimately choose to study law - and why did you also complete a Master of Law at Kyushu University, in Japan?
Legislation can be a little bit dry and technical but legal cases fascinate me. I also have a strong sense of social justice. Cases where the outcome doesn't seem just, that is what got me interested in law and keeps me interested.
I completed my Masters in Japan to allow me to do a comparative research study of the Japanese and the U.S. military criminal systems.
What experience did you gain during your studies?
Not so much an experience but an appreciation that the law can protect people, but also protect relationships. To have a contract in a family transaction isn't about a lack of trust - it is about valuing the family relationship so much that you put terms and conditions in place to protect it.
You were a solicitor in the Elder Abuse Unit of Legal Aid in Gosford. Define Elder Abuse, and who is typically the perpetrator?
Elder Abuse is a single or repeated act, or lack of action, that causes harm or distress to an older person. The older person has an expectation of trust with the perpetrator.
Tragically, and alarmingly, it is most commonly perpetrated by a child of an older person, but may also be a spouse, carer, or other family member.
What did your Legal Aid stint teach you and what sort of elder law cases did you encounter?
We need to work together to help identify and prevent elder abuse. This includes police, health services, doctors, social workers, community volunteers, solicitors, and friends.
We need to help older people to speak up and to get expert help to protect themselves. Sometimes, we only found out about a client because a hospital social worker identified the elder abuse and encouraged the older person to get legal help.
I saw the full array of abuse including physical, emotional, financial, sexual, psychological, emotional, and neglect.
You work in estate planning and elder law. As far as elder abuse, how common is it?
Pre-COVID-19 statistics show that as many as 14 per cent of older people experience abuse. Accurate figures are difficult because abuse is often unreported. There is the fear of not being believed or people tolerating abuse rather than going into a nursing home.
Is it on the rise?
People are becoming more aware of elder abuse and there is more encouragement to speak out. So, it's hard to say whether the occurrences of elder abuse are increasing, or whether there is more reporting. It appears financial elder abuse is on the rise and COVID-19 is a factor.
It appears financial elder abuse is on the rise and COVID-19 is a factor.
Tanya Chapman
How has COVID-19 amplified elder abuse?
Social isolation, dependency on family members, and an expectation that parents will provide for children and grandchildren are all drivers of elder abuse.
COVID-19 caused significant financial hardship for many Australians. People are moving back in with older parents' or relying on them for financial support. In most cases, there won't be elder abuse but it is conducive. During lockdown, older people were encouraged to stay home, and many gave bank cards and pin numbers, to allow others to purchase necessities. This is something I would normally strongly advise against.
The Australian Human Rights Commission has launched a campaign on the issue, encouraging people to "open their eyes" to elder abuse. What signs should they look for?
Signs include the older person appearing: dirty or poorly dressed, afraid of a carer; to not have enough money or access to their money; underfed or dehydrated; to not be receiving adequate medical care.
The signs may be in the actions of the perpetrator. They have more money to spend or are taking property from the home. They are encouraging the older person to sell their home or to sign over Power of Attorney. Friends may notice the perpetrator controlling access to the older person.
How can businesses help identify elder abuse?
Any business that has contact with older persons - hairdressers, doctors, chemists, podiatrists, bank tellers, financial planners - can assist in identifying abuse and linking the older person to the help they need.
There's a great organisation called Hairdressers with Heart which trains hairdressers to help them identify when a client is being abused and what to do. The National Elder Abuse Hotline is 1800 353 374.
Why did you volunteer for the Community Visitor Scheme?
I've been to a lot of nursing homes as a lawyer, helping people do Wills and Powers of Attorneys. I would always notice how lonely some residents looked. When I saw the advertisement, looking for people to visit nursing home residents without any family, I thought I could do that. They matched me with Betty almost four years ago and we've become like family.
