At Basic Rights Queensland, we stand alongside people when they’re at their most vulnerable—navigating complex systems, challenging unjust decisions, and reclaiming dignity. One of our recent successes involved supporting an 88-year-old man, Ray,* to overturn an unfair aged care decision and access the financial assistance he so desperately needed.
Ray had lived a modest life in regional Queensland. In his later years, after selling his home, over $200,000 was transferred from his bank account to his granddaughter over a two-year period. These transfers were labelled “gifts” by Services Australia, who then assessed Ray as having too many assets to qualify for financial hardship assistance in residential aged care. As a result, he was left unable to pay his accommodation fees—facing debt, distress, and the real risk of being unable to afford the care he needed.
But the story didn’t end there.
With the help of a solicitor from Basic Rights Queensland, Ray sought review of the decision. We argued that the transfers had not been his voluntary choice, and that he was likely a victim of elder abuse and financial exploitation. His granddaughter and former Enduring Power of Attorney had made the transactions without proper authority, and without Ray’s knowledge or consent.
The Administrative Review Tribunal agreed.
In a powerful decision, the Tribunal found that Ray had not gifted the funds—he had been subjected to undue influence, and likely lacked the capacity to freely and voluntarily make financial decisions at the time. As such, the transfers did not count as a “disposal of assets” under the Social Security Act. The Tribunal set aside the original decision, and ruled that Ray was eligible for financial hardship assistance from the day he entered aged care.
This case highlights the critical role we play in helping people navigate complex laws and power imbalances. It shows how elder abuse can be subtle, hidden behind “family arrangements” and banking apps. And it demonstrates the life-changing impact of our advocacy: ensuring that older people are not penalised for abuse they didn’t consent to, and can live with the safety and support they deserve.
At Basic Rights Queensland, we’re proud to defend the rights of people like Ray. Our work provides more than legal outcomes—it restores fairness, autonomy, and hope.
*Name changed for privacy reasons