This guide is intended to assist legal practitioners to identify and address potential issues regarding elder financial abuse in the preparation and execution of wills and other advance planning documents.

Recent public reports and inquiries, including the ongoing Royal Commission into Aged Care Quality and Safety, have told distressing stories of elder abuse that is often preventable. In response to a recommendation from the Australian Law Reform Commission’s (ALRC’s) 2017 report, the guide has been developed by the Law Council’s specialist National Elder Law and Succession Law Committee, in consultation with constituent bodies.

The guide includes topics such as setting up meetings effectively, taking instructions, ensuring appropriate support, communicating effectively with the client, checking for decision making capacity, being alert to the warning signs of potential abuse, and keeping records.