Laws concerning the financial abuse of seniors must be overhauled, leading advocates have claimed.

Age Concern executive director Claudette Fleming said an “Office of the Public Guardian” — an idea being explored by the One Bermuda Alliance — is desperately needed as Bermuda’s existing legal framework fails to protect the elderly and vulnerable, or adequately punish those who prey upon them for financial gain.

Ms Fleming claimed that financial abuse is one of the more prevalent problems she deals with regarding seniors on the island — such as when someone in a position of trust gains access to a senior’s bank account, or attempts to alter their will for personal benefit.

“If you don’t have the mental capacity, you are a target to be taken advantage of,” she said.

The protection of seniors, children and the sick were all prominent features of November’s Throne Speech in which the OBA pledged to look into establishing an Office of the Public Guardian role.

This would see the Bermuda Government assume legal responsibility to represent those without mental capacity or family representatives on matters including their finances.

Earlier this month, barrister John Barritt revealed a committee of the Bermuda Bar has been formed to work towards creating “somewhere for seniors to go or powers for people to investigate”; recommendations from the Seniors Law Reform Committee have now been made to the Government.

Ms Fleming called the proposed initiative “groundbreaking”.

“An Office of the Public Guardian is exactly what’s needed,” she said.

“You need to strengthen the laws that punish abusers, and you need a way to keep people who have power of attorney honest, so that they’re working in the best interests of the senior across all areas.”

She said that criminals thrive upon the difficulty and complexity in diagnosing dementia.

This can lead to neglect if the sufferer is left to their own devices for too long, or conversely mistrust if they are prematurely declared mentally unfit to care for themselves.

Progressive Labour Party MP Derrick Burgess, a former shadow minister for seniors, said that loose ends and loopholes in current laws also allowed criminals to thrive.

“The legislation in place never seems to really address seniors’ issues without them jumping through hoops to get some resolution,” he told The Royal Gazette.

“I would introduce a law in which matters cease after there’s a complaint to allow for an investigation, such as putting a stop to payments.

“At present, they do the investigation first, which can take weeks, and the (poor) treatment continues.”

Mr Burgess acknowledged that the problem was further clouded by some seniors’ reluctance to report misdeeds against them, due to fear of the consequences.

He also suggested that the Government should introduce a free service to help seniors draw up and amend their wills, thereby helping ensure that they are protected.

And he agreed with Ms Fleming that the law should clamp down on those who try to take advantage of others’ frailties.

“Whenever you abuse or take advantage of seniors or children, the punishment should be severe,” Mr Burgess said. “It has to be if you’re taking care of the vulnerable.”

A spokeswoman for the Ministry of Health, Seniors and Environment said: “The Ministry is committed to addressing the known concerns regarding vulnerable populations.

“For this reason, the 2015 Throne Speech included initiatives to take steps to strengthen protection for seniors and persons with disabilities. This will include financial abuse.

“In addition, the Ministry is exploring establishing a statutory role akin to an Office of the Public Guardian, which would provide added protection for the most vulnerable.

“A Seniors Law Reform Committee has completed a review focused on improving the protection of seniors from financial abuse, with recommendations on amendments to legislation to ensure greater financial and personal protection of seniors.”