OPG Investigations: protecting adults at risk and preventing elder abuse

Presentation transcript

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Welcome to this presentation about the investigations function of the Office of the Public Guardian.

We'll talk about how we protect adults at risk, how we respond to allegations of abuse, neglect or exploitation, and the critical role we play in preventing elder abuse across Queensland.

Before we begin, I would like to acknowledge the Traditional Owners on the land on which we meet today and pay my respects to their Elders past, present and emerging.

I also extend that respect to any Aboriginal and Torres Strait Islander people joining.

Here's an outline of the presentation.

We'll start with who we are and why investigations are such an important part of our work.

We'll look closely at elder abuse, the types of abuse and common warning signs.

We'll explore how we address financial abuse, how the banking sector can help, the process we follow in investigations, possible outcomes, referral pathways and finally, how to request an investigation.

The Office of the Public Guardian is an independent statutory body established under the Public Guardian Act 2014.

Our investigations function protects the rights and interests of adults with impaired decision making capacity.

We investigate allegations of abuse, neglect or exploitation, always working in line with the adults rights, views and preferences.

The purpose of OPG investigations is simple: to protect adults with impaired decision making ability from harm.

We ensure their rights, views and preferences are respected and acted on.

We also look at whether current decision making arrangements are unsuitable or unsafe, and we intervene where necessary to safeguard vulnerable adults.

Elder abuse is a major focus of our work.

Almost 70% of our investigations in 2023 to 2024 involved adults aged 65 and over.

Elder abuse can take many forms: financial, physical, emotional or psychological.

Financial abuse is the most common form we see, often involving misuse of funds or assets.

There are many warning signs of abuse.

These include sudden changes in a person's behavior or financial situation, isolation or intimidation, unexplained injuries, or decline in health or appearance that suggests neglect.

Another red flag is when someone claiming to be an attorney, guardian or administrator cannot show proof of their authority.

Financial abuse happens when someone misuses an adult's money or assets.

It often involves people the adult trusts.

Examples include unauthorized withdrawals, misuse of a power of attorney, or pressuring the person to change their will.

We collaborate with banks and financial institutions to detect suspicious activity, and we encourage safeguards like dual authorizations for transactions.

Banks and financial institutions play a key role in preventing financial abuse.

They are often the first to notice unusual financial activity or signs that a customer is being pressured.

Warning signs include large or unexplained withdrawals, new joint accounts, unpaid bills (despite sufficient funds), or a customer appearing confused or distressed.

Online banking adds challenges with fewer face-to-face interactions, so we also encourage use of technology to monitor suspicious patterns.

Concerns can be raised by anyone: family, friends, professionals or members of the public.

We first assess eligibility: does the adult have impaired decision making ability and does the concern meet our criteria?

We then gather information, which may include contacting banks, medical professionals, service providers, police and other stakeholders.

Then, where appropriate, we meet with the adult to obtain their views, wishes and preferences, and contact decision makers (formal or informal) to give them an opportunity to respond to the concerns.

Finally, we prepare the report and propose protective action where required.

There are several possible outcomes from an investigation.

Allegations may be unsubstantiated, in which case no action is taken.

We may apply to QCAT for a guardian or administrator to be appointed or seek directions from QCAT.

We may suspend an attorney if necessary.

Sometimes formal advice may be issued and education provided to decision makers.

Alternatively, OPG can impose a period of supervision during which certain actions must be undertaken.

We don't work in isolation.

If issues fall outside our role, we refer to other services.

These include the Queensland Police Service in emergencies, the Elder Abuse Helpline, legal services, mediation and counseling, and advocacy organisations.

If you want to request an investigation, you need to submit a 'request an investigation' form on the OPG website.

When you fill out the form, include the person's full name, address, and date of birth.

Provide any information about their impaired decision making ability, such as observations or medical reports, and clearly outline your concerns.

Dot points work well.

The clearer the information, the faster we can act.

For more information or to raise a concern, please contact the Office of the Public Guardian.

You can reach us by phone, email or through our website.

Complaints can be made directly to our complaints team.

We look forward to working with you to prevent abuse, and to promote the rights and interests of those we serve.