The legal needs of older people ( 2004 ) Cite this report
The term ‘elder abuse’ has been used to describe a range of abuses that include: “physical abuse, psychological abuse, medical abuse, economic abuse, violation of rights, sexual abuse, neglect and self-neglect”,3 or a combination of these. The abuse can be intentional or unintentional, and can be the result of acts or omissions. Broad-brush definitions are fleshed out with varying inclusions and exclusions of the above-mentioned forms of abuse. One of the simplest definitions is: “the wilful or unintentional harm caused to an older person by someone with whom they have a relationship of trust”,4 Other definitions focus more on the harm sustained than the relationship with the abuser.5
Australian definitions commonly exclude self-neglect and crimes committed by strangers.6 Australian research and practice also tends to separate elder abuse in institutional settings from that experienced in private homes, as the issues in relation to prevention, detection, intervention and remedies are quite different from those of older people in community care. One reason for this distinction is that aged people in nursing homes, retirement villages and hostels are open to greater scrutiny by government, workers, family and friends.7
From a worker’s perspective, the operation of varying definitions means that no single definition can be employed for the purposes of detection and intervention. However, it has been noted that a single definition may also cause problems.
The Victorian Office of the Public Advocate reported in 1990 that one of the factors preventing people from reporting elder abuse was the absence of a clear and commonly accepted definition.9