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Snapshot

  • The legal profession plays a fundamental role in addressing elder abuse by providing support and guidance to older clients, and advocating for stronger legal frameworks.
  • Lawyers are in a unique position to identify signs of abuse and assist in preventing or mitigating it, especially in situations involving wills, powers of attorney and other legal transactions.
  • One in six (598,000) older Australians are experiencing some form of abuse according to recent research by the Australian Institute of Family Studies.
  • The number of older people in Australia experiencing abuse is likely to increase over time with Australia’s ageing population. While 17 per cent of people in Australia were aged 65 and over in 2021, Australian Bureau of Statistics projections indicate this group will make up around 21 per cent of the population by 2066.

The legal profession has a critical role in safeguarding the rights and interests of vulnerable individuals, particularly older clients. Solicitors must navigate several ethical and professional obligations when working with older clients, including those related to competency, best interests, receiving gifts and confidentiality. In New South Wales, specific solicitor’s rules apply when engaging with older clients, given the potential risks of diminished capacity, undue influence and elder abuse. This article explores the relevant solicitor’s rules applicable in such cases, discusses the requisite standard of competence for legal practitioners, considers Ford’s case and provides an overview of useful tools for detecting elder abuse.

Applicable solicitor’s rules when dealing with older clients

In NSW, solicitors must adhere to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the ‘Conduct Rules’). These rules provide a framework for how solicitors should act generally but are especially relevant when dealing with older clients, ensuring they do so competently, ethically and with sensitivity to the vulnerabilities that often come with advanced age.

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