Elder Abuse & Remedies
Elder abuse has been in the news regularly over the last month, following the news of the treatment of a 75 year old lady who suffers from dementia.
This story comes on the back of World Elder Abuse Day and is a timely reminder of the vulnerability of the elderly.
Abuse of the Elderly can be either emotional, physical or financial. Whilst physical abuse is easier to prove, reports suggest that financial abuse is on the rise.
Lynch Solicitors has been involved in a number of cases where parents are seeking protection from adult children. A parent can seek either a Safety Order or a Barring Order, where there is evidence of elder abuse.
Safety Order
A safety order does not remove the perpetrator from the home, it allows the perpetrator to visit the house or indeed to stay in the house if they are living there.
What a safety order does, is to direct a person to not commit any acts of violence or threaten or put their parent in fear. If they do such acts, then the Gardaí can be called and it translates into a criminal matter with a risk of a criminal record.
A Safety Order can be granted for up to 5 years for elder abuse.
Barring order
Unlike a Safety Order, a Barring Order removes the perpetrator from the home. It does not allow the perpetrator to visit the house or stay in the house if they are living there. This offers significant protection for elder abuse.
Like a Safety Order, it can direct that a person not commit any acts of violence or threaten or put their parent in fear.
If they do such acts, then the Gardaí can be called, and it then translates into a criminal matter with a risk of a criminal record.
A Barring Order can be granted up to 3 years.
If the parent wants to get a Barring Order against a child, the parent has to own the house or have a greater interest in the house than the child.
Enduring Power of Attorney
Another type of abuse that we see is financial abuse.
An Enduring Power of Attorney is a document that allows an individual to choose to appoint a specific individual, usually a close family member, to look after both your person and financial affairs in the event that for any reason you lose your mental capacity in the future.
This is one of the best ways of placing yourself in the care of someone capable who you can trust.
CONTACT US
For further advice on these issues, you can contact a member of our team on 052 612 4344 or at info@lynchsolicitors.ie
This material is provided for general information purposes only. We advise you to seek specific advice from us about any legal decision or course of action.