Elder Abuse – a Silent and Growing Epidemic

Updated: 26 October 2026

By Rod Genders | Genders and Partners

The longer we live, the more we may depend upon others — family members, friends, and professional carers. Australia now has one of the highest life expectancies in the world. That longevity is welcome, but it brings with it a sobering reality: the longer we live, the more time there is for those around us to take advantage.

Elder Abuse in the Context of Estate Planning

Elder abuse takes many forms — physical, emotional, psychological and financial. Sadly, coercive control is rife in the community at present. From an estate planning perspective, it is financial abuse and undue influence that most commonly affect the integrity of a Will and an estate.

A carer or family member who is in a position of trust can, over time, exert pressure on an elderly person to alter their Will, make gifts, transfer property, take out loans, or execute financial documents that they would not otherwise have agreed to. This occurs against a backdrop of increasing dependence — for transport, medical appointments, contact with grandchildren, and basic daily care.

The World Health Organisation estimates that approximately one in six Australians over the age of 60 will be a victim of elder abuse in some form each year. The majority of cases involve financial abuse.

Trust Relationships and the Risk of Exploitation

The carer relationship is, by its nature, an intimate one. Confidences are shared, friendships are formed, and a degree of dependence inevitably follows. Where one person relies substantially on another for their basic wellbeing, the law recognises that a power imbalance exists — and that this imbalance can be exploited.

Common manifestations of financial elder abuse in estate planning include:

• Pressure to rewrite a Will in favour of a carer or new acquaintance.

• Informal arrangements to sell the family home and fund construction of a granny flat on a child’s property — without legal title being granted to the elderly person.

• Interest-free loans to family members, or acting as guarantor for a child’s mortgage.

• A family member occupying the elderly person’s home rent-free in exchange for care — and developing a sense of entitlement to inherit.

• Misuse of an Enduring Power of Attorney to benefit the attorney at the expense of the donor.

How the Law Responds

Gifts and bequests made in circumstances of undue influence, fraud, duress, or incapacity can be challenged before Australian courts. In South Australia, the Succession Act 2023 (SA) provides the framework for contesting a Will on grounds including lack of testamentary capacity and undue influence. Where an Enduring Power of Attorney has been misused, the South Australian Civil and Administrative Tribunal (SACAT) has jurisdiction to investigate and provide relief.

Suspicious bequests — particularly large gifts to carers or new acquaintances made shortly before death — are scrutinised carefully by courts. The burden of proof shifts to the beneficiary to demonstrate that the gift was freely and voluntarily made.

A Growing National Concern

The 2017 Australian Law Reform Commission report into elder abuse presented 43 recommendations to the Federal Government, and in 2020 the Council of Attorneys-General published a National Plan to Respond to the Abuse of Older Australians. The Royal Commission into Aged Care Quality and Safety (final report, February 2021) also highlighted the vulnerability of elderly Australians in care settings and called for systemic reform. South Australia continues to develop its legislative and administrative response to these concerns.

Protecting Yourself and Your Family

The most effective protection against elder abuse in the estate planning context is proper documentation and professional legal advice. When a family wishes to make informal arrangements — such as a granny flat, an interest-free loan, or a carer arrangement — the best course is to formalise those arrangements in writing, through a properly drafted legal deed or family agreement, as part of an integrated estate plan under the Succession Act 2023 (SA).

A current, properly drafted Will, Enduring Power of Attorney, and Advance Care Directive, prepared with the assistance of a specialist estate planning lawyer, provides the strongest available protection against exploitation — both during life and after death.

Want to Find Out More?

If you are concerned about the vulnerability of an elderly family member, or wish to put your own affairs in order before any question of capacity arises, Genders and Partners can assist. We specialise exclusively in Wills, Probate and Estate Planning in South Australia.

When it comes to Wills, Probate, Deceased Estates, asset protection and estate planning in Australia, you can trust the oldest law firm in South Australia – Genders & Partners – to guide you through the tough decisions to create the best solution for your individual needs.

If you have any questions or would like further information, or a quick phone call to discuss, book a timeslot for a free 15-minute phone consultation.

We can help you to protect yourself and your family. We look forward to being of service.

More Elder Abuse and Estate Planning Resources

• FAQs: Trusts and Guardianship

• FAQs: Wills and Estate Planning

• Video Resources: Wills, Probate and Estate Planning

• Undue Influence and the Growing Problem of Elder Abuse

• Powers of Attorney

• Inheritance Claims and Contested Estates

All these and many more elder abuse and estate planning topics are available for discussion with the oldest law firm in South Australia. Visit our articles page for further information.

This article revised and updated 26 October 2026.

DISCLAIMER: This article is intended as general information only and does not constitute legal advice. It does not constitute advice about any specific Will, Enduring Power of Attorney, Advance Care Directive, or elder abuse situation. Legal and family circumstances differ widely. You should seek advice from a specialist estate planning lawyer before making any decisions. The law stated in this article reflects the position under the Succession Act 2023 (SA) as at the date of revision. Liability limited by a scheme approved under Professional Standards Legislation.