This episode is a shortened form of a presentation I made in November 2022. I was given the topic Elder Abuse & Crime.

In Australia, recent studies have shown that about one in six people are reporting some type of elder abuse. At the same time, The World Health Organisation (WHO) suspects that only about 4% of it is actually reported. Because this problem is far more prevalent than we'd like to believe, we decided to delve into this issue in today’s episode. Tuning in, you’ll find out how the WHO defines elder abuse before we break down the different forms it can take. You’ll hear how elder abuse relates to the ACT jurisdiction and why no crimes have yet been prosecuted under it. From Ponzi schemes to will fraud, scams, and neglect, you’ll hear some shocking stories about crime relating to extreme forms of elder abuse and get a broad overview of this issue in Australia. We hope you’ll join us.

Key Points From This Episode:

•    The World Health Organisation's definition of elder abuse.

•    The prevalence of elder abuse in Australia

•    Some of the different forms of elder abuse: psychological, emotional, financial, sexual, physical, and neglect.

•    How elder abuse relates to the ACT jurisdiction in Australia.

•    Crimes relating to extreme forms of elder abuse, starting with a murder in New South Wales.

•    A case from 2019 where two sons neglected to care for their mother. 

•    A Ponzi scheme that took advantage of quite a number of elderly people.

•    The 2006 case where a bank manager stole money from a former bank client.

•    A roof repair scam aimed at elderly people.

•    The story of a woman who used romance to extort money from at least two elder men.

•    The details of a fraud case involving a deceased estate.

Tweetables:

“In Australia, recent studies showed that about one in six people were reporting some type of elder abuse. WHO actually suspects that only 4% of the abuse is actually reported. So, it is far more prevalent than we'd like to believe.” — Leah Sewell [0:01:48]

“Elder abuse can come in a variety of forms. It can come in the form of psychological abuse, emotional abuse, financial abuse, sexual abuse, physical abuse, and neglect.” — Leah Sewell [0:02:04]

“One lesson of these Ponzi-style schemes is that people just don’t do their due diligence.” — Leah Sewell [0:08:55]

Today’s episode is a little different as it is a recording of a seminar held in New South Wales. The seminar’s primary purpose was to educate people on how to prevent the problem of elder abuse, but as aging lies ahead for all of us, its content is relevant to an audience beyond those who attended the talk. Join us as we define the landscape of elder abuse in Australia, signs to look out for when you suspect someone may be a victim, and how to find them the support they need. We also unpack the role of guardianship and power of attorney, legal support, and the relevant channels in Australia that provide assistance to prevent and stop the abuse of our elderly population. Please note that today’s episode carries a trigger warning for abuse perpetuated by loved ones. Tune in today to hear more! 

Key Points From This Episode:

•    Key risk factors which make the elderly more vulnerable to abuse.

•    The concept of predatory marriage which facilitates elder abuse.

•    Signs to look out for when you suspect someone is a victim of elder abuse.

•    Why you should reach out to their bank if you are suspicious that they might be a victim.

•    The element of coercive control present in elder abuse.

•    What the implications of signing over power of attorney are.

•    The appropriate role of a guardian. 

•    How to support someone who you suspect is experiencing abuse as an elder. 

•    The difference between financial management and power of attorney. 

•    Implications and limitations of the NCAT process. 

•    How lawyers can assist the elderly during court proceedings.

•    How the NSW Ageing and Disability Commission can assist in elder protection.

•    Various channels where you can report suspected elder abuse of yourself or another.

Tweetables:

“If you suspect someone is a victim of elder abuse, you should talk to their bank because the banking code practice has got quite a strong element on elder abuse and preventing it.” — Leah Sewell [0:18:05]

“As much as people squirm with formalising family loans and getting lawyers involved, it’s a small price to pay for protection for everyone.” — Leah Sewell [0:42:49]

Links Mentioned in Today’s Episode:

Elder Abuse - What Can You Do to Help? 

Elder Abuse - Know the Signs

NSW Ageing and Disability Commission 1800 628 221

NCAT

Australian Human Rights Commission 1800 ELDER HELP
World Health Organization

Leah Sewell

3 Deadly Sins

The lengths some people will go to take advantage of vulnerable members of society is appalling. Today, we examine one such case from the Supreme Court of New South Wales. This episode is all about sham marriages, divorce, and illicit gains, using the case of Mr Lo-Sing Ip and Lisa Chang as an example. 

Lisa deliberately married Mr Ip in order to get property transferred into her name. She then proceeded with a divorce to ensure her desired outcome. Today, we break down the particulars of Lisa’s manipulation of an elderly gentleman (who was likely suffering from dementia) by isolating him and gaining control of his property and financial affairs. Tune in to hear about this unconscionable case, step-by-step, and find out the eventual outcome of the court proceedings!

 Key Points From This Episode:

•    Mr Ip’s background and marriage history.

•    The relationship Mr Ip had with his son who was born of his first marriage.

•    Reasons to suggest that Mr Ip suffered from cognitive impairment.

•    The entry of Lisa into Mr Ip’s life after his first marriage left him widowed.

•    How Lisa manipulated a transfer of Mr Ip’s property into her name.

•    Mr Ip’s level of understanding and sophistication irrespective of cognitive impairment.

•    The difference between joint tenancy and tenants in common.

•    Lisa’s questionable divorce proceedings and what was included in the binding financial agreement.

•    Mr Ip’s move to an aged care facility without the notification of the plaintiff.

•    How Lisa isolated Mr Ip from the plaintiff and gained control of his financial and medical affairs.

•    The amount that the lawyers involved were sued for prior to the Supreme Court hearing.

•    How Lisa procured a counselling certificate in Mr Ip’s absence.

•    Lisa’s undisclosed sale of Mr Ip’s house and her purchase of a new property.

•    The scheme to marry Mr Ip to Ms Gou, Lisa’s ex-mother-in-law.

•    The outcome of the court proceedings.

Tweetables:

 “Mr Ip was a fairly simple person. He was uneducated, wasn’t sophisticated in any means, so his level of understanding, even without any form of cognitive impairment or dementia, about various transactions will have been quite limited.” — Leah Sewell [0:08:06]

 “All of [Lisa’s] actions in obtaining the property for herself were unconscionable. They were illicit but this was not a criminal matter.” — Leah Sewell [0:25:13]

 Links Mentioned in Today’s Episode:

 Leah Sewell

3 Deadly Sins

Ip v Chiang [2021] NSWSC 822