Mary Butler (Waterford, Fianna Fail) | Oireachtas source

Fianna Fáil supports this Bill and will work to strengthen its provisions on Committee Stage. I congratulate Deputy Mattie McGrath. I know he has waited for three years for the Bill to come before the House for Second Stage. The Deputy is right in saying that abuse of the elderly can take many forms. The Bill seeks to tackle one form of that abuse, namely financial abuse.

Arguably much of what is provided for in this Bill is already covered by criminal legislation. However, Safeguarding Ireland, established by the HSE in 2015 to work to safeguard vulnerable adults from abuse, has called for legislation specifically to root out financial abuse of vulnerable adults. This cannot be ignored and that is why, as spokesperson for older people for my party, I am disappointed that the Government is not supporting the Bill.

Financial abuse of the elderly can be as subtle as spending a portion of a person's pension as a perceived reward for helping with his or her care, or it can be highly calculated, involving acts of theft, coercion or fraud. It is difficult to ascertain the prevalence of financial abuse against the elderly. Overwhelmingly, the perpetrators are immediate family members and as a result of embarrassment, concerns over getting family members into trouble with the Garda and other factors, there is significant under-reporting of this abuse.

International studies estimate the prevalence of abuse in the community at 1% to 5% of the population aged 65 years and older. The HSE’s national safeguarding office, NSO, reports figures of abuse of elderly people and vulnerable adults. The NSO examined 10,118 complaints of abuse of the elderly in 2017. This was an increase of 28% on the 2016 figure. For adults over 65 years old, 22% of complaints related to allegations of financial abuse. That equates to more than 2,000 complaints of financial abuse. Financial abuse becomes significantly more common as people grow older. Of people aged over 80 who were of concern, 25% of the complaints related to financial abuse. The report concluded that for those over 65, their children were the main category of suspected abusers.

As the number of older people in Ireland increases, there is growing concern about levels of elder abuse. While elder abuse affects only a tiny minority of older people its impact can be devastating and it is important to know the signs of abuse. One-fifth of substantiated elder abuse cases reported to the HSE relate to financial abuse.

Older people with dementia are more vulnerable to abuse. People with dementia sometimes make false accusations and claim that family members or caregivers are mistreating them or stealing from them. In these cases, the dementia may be making them paranoid and delusional. Unfortunately, there are also times when seniors with dementia are being abused. People with dementia are especially vulnerable to abuse because of their impaired memory, communication skills and judgment. Unscrupulous people take advantage of these vulnerable seniors because they are easy targets.

They are not likely to report the problem, they might not be believed, or they might not be aware that abuse is even happening. Even if older adults do not recognise what is happening or cannot speak for themselves, it is important to recognise the signs. Age Action produced a very comprehensive document on the subject. It asked what is financial abuse. Financial abuse can be crimes, such as: theft of money; the use of another person’s identity in respect of credit and bank cards; forging someone else’s signature; and the use of counterfeit cheques or being tricked into signing blank cheques. It can also take the form of harmful behaviour, such as being pressured to sign documents or change one's will, and threatening to withdraw care unless money or property is provided.

The Alzheimer's Society in the UK published a comprehensive report on protecting people with dementia from financial abuse. A huge amount of work went into that report. The reality is that this is a problem and we will have to deal with it. The purpose of the report is to gather new information about the issues that people with dementia and carers face when managing their finances.

The report found that the progressive nature of dementia has particular implications when it comes to managing money. There is often a slow deterioration in the person’s ability to carry out tasks such as paying bills, dealing with paperwork, or making decisions about property and investments. Part of the problem is that these tasks require memory, comprehension and the ability to assess risk.

The increasing prevalence of dementia means more people will need support to manage their finances. As we are all aware, every day in Ireland 11 people are diagnosed with dementia. We have an aging population because, thankfully, we are all living longer. As people with dementia are likely to face the highest long-term care costs, financial planning for the future is particularly important. Meanwhile, broader social and demographic changes are highlighting the importance of the issue of financial management for people with dementia.

The way people manage their finances is changing rapidly through, for example, online transactions, cash machines, telephone banking and declining use of cheques. This could make it more difficult for people with dementia to manage their own finances and leave them more open to financial abuse.

The number of people with dementia who have pensions, property and other resources may attract those keen to exploit them through fraud and theft. Meanwhile those who have few resources are less likely to plan for the future and may struggle as their declining cognitive abilities make it harder to manage their money. Financial decision-making also presents wider concerns for people with dementia, including questions about inheritance, intergenerational relationships and debates about paying and charging for care.

It is difficult to ascertain the prevalence of financial abuse against elderly and vulnerable people. One case is one case too many. The statistics showing that more than 2,000 cases of financial abuse were examined in 2017 certainly merits a rethink of the Minister of State's decision not to support the Bill.

I look forward to working with Deputy Mattie McGrath as the Bill progresses, as no doubt it will. We need to continue to protect our older vulnerable people.

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