Welfare Law Essay: Analysis of Elder Abuse and Protective Laws

This essay provides a comprehensive overview of elder abuse, focusing on its definition, various forms (physical, emotional, neglect, abandonment, sexual, and financial abuse, and healthcare fraud), and the consequences for both individuals and the community. The essay then explores preventative measures, such as avoiding isolation, maintaining contact with the elderly, and encouraging active engagement. The core of the essay delves into the welfare laws and acts designed to protect the elderly, specifically mentioning Social Security, Age Pension, the Aged Care Act 1997, and the Home and Community Care Act 1985. The Aged Care Act is examined in detail, including its objectives and principles, which aim to ensure quality, affordable, and appropriate care. The essay also highlights the Home and Community Care Act, which supports individuals with disabilities to maintain independence. The conclusion emphasizes the importance of governmental and familial protection for older adults.

Running Head: WELFARE LAW 1
Welfare Law
Student’s Name
Institutional Affiliation

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Introduction
Elder abuse can be identified as one or reoccurring actions or lack of appropriate act happening
within any relationship where there are trust expectations that bring about the danger to an older
individual. Elder abuse can be in different types like sexual, psychological, and physical. It might
also lead to neglect that is either expected or unexpected (Kennedy, Richards, & Leiman, 2016).
Furthermore, elder abuse has different consequences for people and the community
encompassing physical injuries and long-term psychological effects, more risk of nursing home
placement, emergency services use, death, and hospitalization.
Types of elderly abuse
There are many forms of violence. They include:
Physical abuse: This occurs when a person causes bodily harm by slapping, hitting, or pushing
(Holmes, 2018).
Emotional abuse: It is also identified as psychological abuse which can encompass a care
provider saying words that are hurtful, yelling, threats, and even ignoring the older person
repeatedly (O’Brien, 2018). Also, this involves keeping the older person from communicating or
seeing close friends and families.
Neglect: This happens when the care provider does not try to answer to the needs of the older
person (Nagaratnam & Nagaratnam, 2019).
Abandonment: This is when the older person alone without planning for his or her care
(Shankardass & Rajan, 2018).
Sexual Abuse: This is forcing an older person to be part of sexual occurrences (Said, 2019).

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Financial Abuse: This occurs when belongings and money are taken away. It can encompass
forging cheques, taking somebody’s social security and retirement benefits. It also involves
changing names on a will, insurance policy, and bank account or the title of the house of the
older person without permission (Morris,2018). In addition, financial abuse has become a
menace, and it is hard to know when it is taking place. A stranger can steal information regarding
finance by using a phone, email, or even online.
Healthcare fraud: This can be done by health professionals such as doctors, nurses, and other
healthcare nurses. This involves charging more amount than what is required, billing twice for
the same type of service, making Medicare claims that are false or charging for care that was not
given.
How to protect the elderly
There have been efforts to protect the elderly from all forms of abuse. There are different ways
of ways that might reduce the rate of elderly abuse. The first one is to avoid isolating older
people. Isolation can result in depression, loneliness, and sadness, which will increase more
opportunities for abuse and neglect. In addition, staying with them and giving them time will
provide them with more peace. The second one is to keep in touch with the elderly (Fitzroy
Legal Service, 2018 ). This means that family members or relatives can assist in caring for the
elderly and be keen on any transitions that may occur, which may suggest abuse. Another one is
keeping elders active. If the elders are engaged, they will be able to prolong their life and reduce
the chances of vulnerability to abuse. Also, elders must be encouraged to go to religious services
and community activities. This will assist them to be in touch with important things to them
throughout their lives. Furthermore, elders must not be allowed to live with an abusive person.

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Welfare Laws to protect the elderly
There are laws to protect the elderly such as social security that is known as social welfare given
by the government of Australia. This was done to help older people who are not able to take care
of themselves (Said, 2019). This helps them to avoid financial abuse from their close families and
friends. Although many people have a negative attitude towards this, it has dramatically
improved the lives of older people in Australia. The welfare system is beneficial, but most
individuals on it are lazy and depend on others for survival. Many people in Australia have
negative attitudes towards those who get retirement benefits than the system itself.
There is also Age pension, and it is available for the elderly who are 65 years old and above. As
time went by, the eligibility rose to 67 and above. This will help them to secure their future and
avoid unnecessary issues such as abuse. In addition, this will enhance the quality of life, and it
will also protect them from becoming victims of abuse and neglect.
Aged care acts and laws
Aged care Act 1997
This Act aims to protect the future of the elderly by providing for the funding of aged care that
does the following:
 The quality of care and they form of care that they require and the care level that is
provided.
 There is also the need to make sure that it is affordable by and proper to the requirements
of people who require it.
 To enhance high-quality care and accommodation for those who receive aged care
services that meet the requirements of people.

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There are many other objectives, but the few that have been mentioned are concerned with the
needs of the elderly. This is essential because it provides them with an assurance that their lives
are protected from violence and abuse (Cheers, 2019). This act aims to protect the lives of those
elderly who are in danger. This act seeks to enhance affordable health care to any individuals
who require it without looking at their location, economic and social status while also making the
exclusive rights of those who are receiving care and even laying out several principles for
caregivers. In addition, under this act, any individual can get aged care opportunities for himself
or herself.
Aged Care Principles
For caregivers who work at homes of those they serve, the principles might be different, but they
work towards the same standards. The first principle is identified as active management, meaning
services, deliveries, and care all given properly and with constant strive for enhancement (Omori,
2019). Additionally, they must also make sure that the services that are provided are appropriate
and well planned and assessed with those who received care themselves or those who are
representing them (Holmes, 2018). The last principle for at-home aged caregivers is that of the
rights of the recipients to be consulted concerning the decisions made all the services as well as
given data about advocacy and complain services all the time.
Home and Community Care Act 1985
Community care services are identified as services of care that are arraigned or given by the
department of local authority social services (O’Brien, 2018). They are significant to older
people who have a disability or mental challenges. The services encompass a place identified in a
care home or services that will carry the person at home and be independent most of the
occasions. This act intends to help individuals with moderate, profound, or severe disabilities to

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maintain independence both in their homes and in society (Morris, 2018). This is essential for
them since most of the older people who are disabled are ignored and abandoned by their
families and friends.
In conclusion, older adults need to be protected at all times by the government and their families
as well.

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Reference
Cheers, B., (2019). Welfare bushed: Social care in rural Australia. Routledge.
Fitzroy Legal Service (2018). The Law Handbook. Fitzroy Legal Service, Melbourne
Holmes, B. (2018). An aged care crisis that shames us. Lamp, The, 75(3), 5.
Kennedy, R., Richards, J.L. & Leiman, T. (2016). Integrating human service law, ethics and
practice (4th ed.). Oxford University Press.
Morris, N. (2018). Management and Regulation of Pension Schemes: Australia a Cautionary
Tale. Routledge.
Nagaratnam, K., & Nagaratnam, N. (2019). Elderly Abuse and Neglect. In Advanced Age
Geriatric Care (pp. 19-24). Springer, Cham.
O’Brien, A. (2018). ‘Homeless’ women and the problem of visibility: Australia 1900–
1940. Women's History Review, 27(2), 135-153.
Omori, M. (2019). Struggles in (elderly) care: A feminist view [Book Review]. Journal of
Sociology, 55(1), 179.
Said, H. M. (2019). Islam and the Health of the Elderly. Religion, Aging and Health, 27–38. doi:
10.4324/9780429020568-3
Shankardass, M. K., & Rajan, S. I. (Eds.). (2018). Abuse and Neglect of the Elderly in India.
Springer.