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14 February 2019

Families Can’t Shirk Duty to Oversee Parents’ Rest Home Care

Charlie Young
Charlie Young Litigation Lawyer

It’s very simple, Brisbane elder abuse lawyer Charlie Young says. Families can’t just dump mum and dad in a rest home and have no further responsibility for their parents’ care and wellbeing.

Complaints about alleged neglect and mistreatment of elderly residents in a Bundaberg aged care facility have focused public attention on the standard of care given to residents and the legal comebacks should mistreatment be proven.

Charlie Young, a Director with Brisbane firm Bennett & Philp Lawyers and an elder abuse lawyer, said there were limited checks and balances in place to prevent, detect and prosecute any abuse of aged care residents.

“Family members do need to keep a close eye on the level of care being provided and if they see a problem, they need to immediately complain to the aged care facility, complain to the Aged Care Commissioner or in the worst of cases consider taking civil action against the facility it if has failed in its duty of care,” he said.

Mr Young’s comments were sparked by media reports surrounding alleged poor treatment at a Bundaberg aged care facility. The care facility concerned has strenuously denied the claims made against it.

Mr Young said his remarks were aimed at the wider Queensland community, in particular to remind families they must hold retirement homes accountable for parents’ wellbeing.

Unfortunately, family members cannot assume loved ones will be properly cared for in a rest home.”

“You can’t just dump mum and dad in care then assume it’s someone else’s responsibility to look after them.

“Under the current laws, certain aged care staff in certain facilities must report physical or sexual abuse but if the abuse is not specifically of that nature it is usually dealt with internally. There are plenty of other types of elder abuse cases, such as financial abuse or medical neglect, that slip through the cracks under the current system.

“The issue can be further complicated when the abused elderly person suffers from dementia and is blind to the abuse or cannot comprehend that they are being abused,” he said.

Mr Young’s view is that Australian aged care legislation needed stronger measures to prevent abuse of the elderly in aged care facilities and keep the facilities, and the persons operating those facilities, to account.

“There needs to be additional obligations on aged care facilities to widen the types of abuse that must be reported and how they are reported. Abuse is not always physical,” Mr Young said. Withholding a resident’s food or medications or depriving them of proper sanitary care would also constitute abuse.

There was also financial abuse through misuse of a person’s bank account, in which case the Public Trustee could be asked to take over the resident’s financial matters.

“Simply putting an aged relative in a rest home is no guarantee in itself that they will get the right care. Next to children, the aged are the most vulnerable people in the community yet our lawmakers are clearly not doing enough to adequately protect them.

“In terms of protecting our elderly from abuse, America is well advanced. We are well behind the times,” Mr Young said.

 

 


Individual liability limited by a scheme approved under professional standards legislation (personal injury work exempted).

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