Peggy* says her life became a “nightmare” at the hands of her own child. The pensioner from NSW was a “wreck”, unable to eat or sleep after her adult son forced her to live in a shed on her property with no toilet or shower.
“My son turned into the roommate from hell,” said Peggy. “He was a squatter in my home.
Peggy* has encouraged others suffering elder abuse to seek help.Credit: Peter Stoop/SMH
“This went on for years, with him staying in my home – my castle. He was deliberately damaging my possessions inside the house and selling my things. He broke windows; he smashed televisions.”
He also took her pension without contributing to household expenses. But when Peggy contacted Legal Aid NSW’s Elder Abuse Service, they helped her take steps to force her son to leave her home and to stop him from damaging or selling her possessions.
In an Australian first to be announced on Thursday, the Law Society of NSW, which represents and regulates the state’s 43,000 solicitors, is adding elder law as a new area of expertise to its specialist accreditation program. It is the first addition to the scheme in 15 years and will start in 2026.
‘My son turned into the roommate from hell … He was a squatter in my home.’
*Peggy, victim of elder abuse
Specialist accreditation, which involves a rigorous exam process and ongoing professional development, helps clients identify lawyers who are experts in a field. Existing areas of specialty include family law, employment and personal injury.
A growing crisis
The National Elder Abuse Prevalence Study, commissioned by the federal government and published in 2021, found that one in six Australians aged 65 and over and living in the community had experienced abuse in the past year, based on a survey of 7000 people.
Family members, specifically adult children, were the most likely perpetrators. Women are more likely to be victims than men.
The NSW Ageing and Disability Commission, which receives reports about adults subject to or at risk of abuse, neglect or exploitation, received 1323 reports in the first quarter of the year, a 24 per cent increase on the previous quarter.
Specialist advice crucial
Access to specialist help, including legal advice, is crucial.
The new elder law specialist accreditation scheme will be run by the Law Society of NSW but is expected to be open to solicitors in other Australian jurisdictions. Law Society president Brett McGrath said this would “eventually result in a national pool of elder law experts”.
The move is backed by a host of organisations including the NSW Ageing and Disability Commission, as well as the federal government. Attorney-General Mark Dreyfus said, “Sadly, one in six older Australians have experienced some form of abuse, yet most of them don’t seek help or advice”.
“In addition to physical abuse, elder abuse can involve psychological or emotional abuse, financial abuse, sexual abuse or neglect,” Dreyfus said.
“As the population ages, these challenges will only grow, and there will be an ever-increasing demand on the legal sector to provide the support and the specialist assistance people need as they age.”
Mary Lovelock, Elder Abuse Service senior solicitor at Legal Aid NSW, said: “Sadly, Peggy’s situation is very common. We help many older people who have been forced out of their homes.
“Due to elder abuse, almost 40 per cent of our clients are homeless or at risk of it.”
Lovelock said a parent was “often reluctant to call out the abuse because they are reliant on the abusive child or feel ashamed that they are in this situation”, but legal support could play an important role in combating abuse.
“There are significant opportunities for lawyers to provide legal remedies that can help people who are experiencing elder abuse or who are at risk of it.”
In some cases, a person may not realise initially they are being abused, Lovelock said.
“For example, they might not realise money is being slowly siphoned from their bank account by a child who helps them with their finances. Psychological abuse can also build up gradually over time.”
‘Would not be alive’
Peggy said she “would not be alive today” if it weren’t for Legal Aid NSW.
“I put up with it for too long. I am sharing my story to help others. Don’t be embarrassed to get help. Who cares? You worked all your life. Don’t give it away [your possessions, your home] to people who abuse you,” she said.
“It took a lot of hard work to force my son out of my house. The way I was treated by my son was wrong.
“I know it can be embarrassing to speak up about these things. But everyone deserves respect.”
*Peggy’s name has been changed to protect her identity.
NSW Ageing and Disability Abuse Helpline 1800 628 221
Legal Aid NSW 1300 888 529
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