The unique challenges of elder abuse in multicultural Australia

Introduction

In a world where ageism is increasingly prevalent and youth prized over age, older people from culturally and linguistically diverse (CALD) backgrounds can be particularly vulnerable to elder abuse.

Elder abuse is ‘a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person’, according to the World Health Organization. It can take different forms – including psychological, financial and physical abuse – and it can happen in all kinds of relationships, including intimate partnerships and families.

Older people with CALD backgrounds may need to navigate unique factors before they can recognise elder abuse and reach out for help. Identifying and understanding these factors can enable them to stop or prevent elder abuse happening, and it can equip services, friends and carers to be able to intervene.

Elder abuse in the CALD context

We know that the risk of elder abuse increases with personal factors such as poor health, cognitive impairment, functional dependence and low income. Other contributing factors occur at a societal level, such as ageism.

However, certain aspects of the culturally and linguistically diverse experience in Australia can also contribute to an older person being in a vulnerable position.

Having limited English

When an older person has limited English, they are less likely to access information about elder abuse, what it is and where they can seek help. They may not even know that the situation they are in amounts to elder abuse.

In many instances, older people rely on a family member to communicate in English on their behalf. However, if the family member is also their abuser, it becomes even more difficult for the older person to reach out for help.

Being confused or unaware about rights and what constitutes elder abuse

Older people from CALD backgrounds can also be vulnerable to exploitation if they have limited knowledge about their rights in Australia. This is particularly likely when CALD families and communities continue to follow the laws or cultural practices of their country of origin.

For example, in the older person’s country of origin, it might be considered normal for real estate or other assets to be owned by the entire family. Or, it may be quite common that the oldest son automatically inherits his father’s assets, including the parental house – even though his mother is still alive and living there.

However, the law is different in Australia – when a person dies, their assets are distributed according to their written will. And if they die without a will, their assets are disbursed according to law, and in most instances a surviving spouse will be given priority over other family members.

If an older person from a CALD background isn’t aware of these differences, they may find themselves financially or psychologically exploited.

Maria’s’s story

Maria, 87, has lived all her adult life within her CALD community, so she has had limited opportunities to learn English. She has also recently been diagnosed with dementia.

After Maria’s husband dies, her adult son arranges for her to transfer ownership of her home to him. When he presents her with the documents to sign, she is confused and doesn’t understand what she is signing.

She gathers that it is something to do with her house. However, in her country of origin, it is common for property to be owned communally by a family. so she doesn’t worry about it much – and she trusts her son.

However, she is placing herself in a very vulnerable situation. Under Australian law, an older person’s assets do not become an inheritance until the person passes away.

Being afraid of shame and stigma within the cultural community

Older people from CALD backgrounds are sometimes reluctant to seek help when they are the victim of elder abuse perpetrated by a family member out of fear of shaming the family member. Shaming an adult child, for example, may be seen to shame the whole family.

Or, they might worry that their community will spurn or judge them and their family or think they did not raise their children ‘the right way’.

Katarina’s story

Katarina is 80 and widowed after death of Jakub, her husband of almost 60 years. Katarina and Jakub met in Australia shortly after they each immigrated in their late teens. In the early years of their life together, Katarina worked hard looking after the home and raising their children. Jakub was the breadwinner and looked after paying the bills.

Since Jakub died, Katarina has relied heavily on Michael, her eldest son. Michael suggests that she live in the granny flat at the back of his house and promises he’ll look after her so she doesn’t need to go into residential aged care. But he also tells Katarina she will need to sell her house and transfer the proceeds to him so she can live with them and keep her pension.

This sounds ideal to Katarina – she can live close to her family, including her grandchildren, and it doesn’t seem unusual to her that a male relative should manage the money.

The arrangement works well until Katarina’s health deteriorates. Michael and his wife are no longer capable of looking after her, so Katarina must move into residential aged care. When she asks her son for the money from the sale of her house, he refuses to give it back. He has used the money to buy another property – in his name.

Katarina knows she could engage a lawyer to help her. However, she worries that this will alienate her from her son and grandchildren and bring shame on her family in her community. She gives up and accepts the situation.

Legal advice can prevent issues

Given the above factors, many problems can be avoided if the older person seeks independent legal advice from a lawyer in a language they can understand. Having an English-speaking family member interpret when making big decisions is not a safe substitute, and getting legal advice is nothing to be ashamed of.

An example could be an ‘assets for care’ arrangement, which is a recognised way of older people providing themselves with secure access to care and accommodation with their family. In this arrangement, the older person agrees to provide their property, or money from its sale, to their adult child, and in return the adult child agrees to provide housing and care to the parent.

‘Asset for care’ arrangements can be a good solution that works well. However, when the arrangement goes wrong, it’s often the case that no legal advice was sought and no written agreement was prepared in advance.

Before making an ‘asset for care’ arrangement, the older person should get independent legal advice about the arrangements in the language they know best. The lawyer can then prepare a written agreement between the two parties, so that the intent and wishes of all parties can be made clear and can’t be misinterpreted if things were to go wrong.

Empowering older people from CALD backgrounds

When it comes to elder abuse, prevention is key. Elder abuse in CALD communities can be mitigated if older people in those communities can easily access information about what elder abuse is and where to turn if they experience it.

The first step is to ensure that older people from CALD backgrounds can access information in ways that are easy for them. Making information available in languages other than English is one easy and obvious step.

However, many older people, including those in CALD communities, don’t or can’t use social media, computers and smart devices. As a result, they need other ways to access information about elder abuse and the available support services.

There are several ways to reach the widest possible audience with elder abuse information. Examples include:

• advertising in-language on television and radio, including community stations

• making information available in places where they live and meet, such as senior social groups, residential and other aged care facilities, and libraries

• partnering with relevant community organisations, faith communities and cultural centres to provide targeted resources

• being present at cultural events and gatherings to offer information

• educating and connecting with health care and aged care workers in the communities

• making sure interpreter services are included in elder abuse helpline and support services.

Where to get help with elder abuse

Try talking to a friend or neighbour or your doctor, aged care service provider or faith community leader about your situation. They may be able to help you get further information or find a support service.

Call the National Elder Abuse phoneline, 1800 ELDERHelp (phone 1800 353 374). The service will automatically direct callers to the relevant state or territory phone line service.

Contact a community legal service in your state or territory:

• the ACT: Older Persons ACT Legal Service (OPALS) – phone 1800 353 374

• New South Wales: Seniors Rights Service – phone 1800 424 079

• the Northern Territory: Seniors’ Rights Service, Darwin Community Legal Service – phone 1800 037 072

• South Australia: Aged Rights Advocacy Service (ARAS) – phone (08) 8232 5377

• Tasmania: Senior Assist, Tasmania Legal Aid – phone 1300 366 611

• Queensland: Seniors Legal and Support Service (SLASS), Legal Aid Queensland

• Victoria: Seniors Rights Victoria – phone 1300 368 821 (select option 1)

• Western Australia: Legal Aid Western Australia’s Seniors’ Rights and Advocacy Service – phone 1300 650 579

Download the Australian Human Rights Commission’s elder abuse resources, which are available in 20 languages.

Learn more about financial elder abuse on Compass.