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A recent media reports showed the risk of financial exploitation of the elderly. On 15 January 2018 David Weber of ABC reported in  "Elderly couple win back $1.6 million after sons drained estate" about a couple, who faced dementia, who reportedly saw the proceeds of a sale of their farm transferred into the pockets of some of their children. Apparently, a concerned granddaughter took steps to rectify the problem.

It is not uncommon within the context of elderly abuse for friends and family to encounter situations where older family members are potentially being exploited. When this occurs it may be necessary to consider some of the options available which include: –

  • trying to resolve the issue between family members without resort to the courts;
  • if family members cannot agree then to consider getting legal advice on the issue;
  • determining if there is a need to appoint a guardian and/or financial manager if the affected persons cannot manage their person / financial affairs.

If you are faced with such a situation then it may be necessary for you to consider bringing an application to the guardianship division of NCAT for a guardianship / financial management order. 

We are litigation lawyers who can help with: – preparing an application to the guardianship division of NCAT, guardianship tribunal applications, seeking a financial management order etc. Contact us to schedule a conference about your guardianship dispute on T: +61 2 9199 4530. 

Litigant's Guardianship and Financial Management Guide

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