ABUSE OF the elderly is one of those offences that Irish society has been reluctant to recognise or to confront. That may be because the great majority of offenders are found to be the sons or daughters of their victims or, in many cases, a spouse or another close relative. In earlier times, what happened within the family was expected to stay there. Law enforcement, health and welfare officials were warned off.
Only in recent decades has the responsibility of the State to old and vulnerable citizens begun to emerge from the shadows. A considerable distance remains to be travelled.
The number of cases involving abuse of the elderly has risen by 23 per cent in three years and 2,302 allegations were made to the Health Service Executive in 2011. Despite this increase in reported cases, a study conducted by the National Centre for the Protection of Older People suggested the actual incidence of abuse could be five times greater. One problem is that abuse takes many forms. It may involve physical abuse and neglect; psychological and emotional bullying or financial manipulation, sexual abuse and discrimination.
The most common form of abuse involves psychological abuse or bullying by a family member. After that comes financial abuse, involving offences of theft, coercion or fraud. Physical abuse, taking the form of slapping, hitting or neglect, accounts for nearly one in eight cases. Apart from doctors, social workers and nurses, people who work in the voluntary sector are most likely to become aware of this behaviour. They should be encouraged to report any suspicions and in that regard, new legislation is required. It should provide a framework for protection of the elderly with clear guidelines on how abuse can be managed within an integrated, multi-agency relationship.
Forcing elderly people to sign over the farm, their property or power of attorney to a family member has long been part of an Irish subterranean culture. What exactly is meant by diminished mental capacity? Do medical and legal tests differ? Strict codes of practice have yet to address these issues or the question of whether a solicitor is acting for the beneficiary or the donor. It is time to clear away wilful ambivalence through regulation and progressive legislation. As people grow old, they become frail and vulnerable. They can be difficult to deal with and their families may require support. For all of these reasons, society must become more involved.