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Dementia and capacity

My parent has dementia and keeps giving money to scammers

Updated · 11 min read · Written in Australia
The honest short answer: the usual advice — teach them the warning signs — cannot work here, because spotting a scam relies on the judgment and impulse control that dementia affects first. So stop trying to change the decision and change what decisions are possible: cap the daily transfer limit, remove stored card details, and reduce what's reachable in one sitting. Then, urgently, get an enduring power of attorney in place while they still have capacity to sign one — after a diagnosis progresses it may be too late, and the alternative is a tribunal application costing $500–$3,000+ and taking 8–16 weeks.

If you're reading this on your third or fourth time round, you already know the part most articles won't say: repetition doesn't help. You explain, they agree, and it happens again. That's not stubbornness and it isn't your explanation failing.

Why the standard advice doesn't apply

Every scam-awareness guide, including parts of this site, rests on one assumption: that with the right information a person will make a better decision next time.

Dementia undermines exactly that assumption. The cognitive functions it affects earliest include judgment, risk assessment, and impulse control — the specific machinery that turns "I know about scams" into "I won't do this." Knowledge can remain perfectly intact while the ability to act on it under pressure is gone. Someone can describe a scam to you accurately in the morning and send money in the afternoon, and both are real.

Australian tribunals have described this precisely. In one Queensland case, an 84-year-old man with a long habit of gifting money to his son kept doing so after a dementia diagnosis. QCAT found he was "unable to resist or weigh the outcomes of providing financial assistance", and that he had a "lack of insight into the consequences of his financial decision as a direct outcome of his diagnosis of dementia." Not ignorance. Not carelessness. An inability to weigh.

What this means practically: every measure that depends on them noticing something will keep failing, no matter how well you explain it. Every measure that works whether or not they notice will keep working. Sort your options by that test and the picture gets much clearer.

These need cooperation but not a court, and they're the highest-value hours you'll spend.

A hard thing worth naming. In a large share of cases the money isn't going to an overseas stranger. Elder financial abuse is most often committed by someone the person trusts — a family member, a carer, a new "friend" who has offered to help with the banking. That Queensland case was about a son. If that possibility has crossed your mind, it's worth taking seriously rather than dismissing, and it changes who you ask for help.

The enduring power of attorney, and why timing is everything

An enduring power of attorney (EPOA) lets your parent appoint someone to make financial decisions for them, either now or when they can no longer do it themselves. It typically costs $200–$600 through a solicitor, and forms and requirements differ by state and territory.

Here is the part that catches families out, and it's genuinely urgent:

Your parent must have capacity at the time they sign. An EPOA is something they grant while they are still able to. Once capacity has declined past a certain point, that door closes — and the only remaining route is an application to a tribunal, which is slower, more expensive, more intrusive, and takes the choice of who decides out of the family's hands entirely.

If your parent has a diagnosis and no EPOA, this is the thing to do first — ahead of the bank calls, ahead of everything on this page. It is a conversation people put off because it feels like a conversation about decline. It is actually the last moment they get to choose who acts for them.

Related, and often easier to raise: a Centrelink nominee arrangement lets someone deal with Services Australia on their behalf, which removes a recurring source of confusion and one of the most-impersonated organisations in the country.

If capacity has already gone

Then the route is a financial administration order from your state or territory tribunal. Be realistic about what that involves:

The test has two limbs, and both must be met. In Queensland, QCAT must be satisfied the person has impaired capacity for financial matters and that there is a need for a decision, or a likelihood they will do something posing unreasonable risk to their health, welfare or property. Other states word it differently.

Tribunal contacts by stateQLD — QCAT 1300 753 228 NSW — NCAT 1300 006 228 VIC — VCAT 1300 018 228 SA — SACAT 1800 723 767 WA — SAT 1300 306 017 The Australian Guardianship and Administration Council (agac.org.au) lists every state and territory body, including TAS, NT and ACT.

One nuance most guides get wrong

It's often stated that these orders require a dementia diagnosis or equivalent. That's the usual case, but not the whole test — and the difference matters if you've been told nothing can be done.

NSW's tribunal has committed the estate of an 80-year-old woman recorded as having normal cognitive competence, who had given away her life savings to an online scam and faced a risk of homelessness. The order was made on the basis that she was incapable of managing her affairs and her assets needed protecting — not on a diagnosis.

So if a parent without any cognitive diagnosis is being drained toward genuine hardship, that door isn't necessarily shut. It varies by state, the bar remains high, and this is a question for a lawyer rather than an article — but "she doesn't have dementia so nothing can be done" is not reliably true.

Getting help, and not doing it alone

What a checking service can and can't do here

We should be straight about this, because the honest answer is narrower than we'd like.

A forward-and-check service works because someone pauses and asks. If dementia has progressed to the point where the pause doesn't happen, or where they don't remember they can ask, a service on their phone won't reliably catch it. It is not a substitute for the transfer limit, the EPOA, or the bank conversation — and anyone who tells you otherwise is selling.

Where it does help is earlier and narrower. In mild cognitive impairment or early-stage dementia, when someone still notices something feels wrong but no longer trusts their own read on it, having one number to send anything to — and getting a plain-English answer in seconds, without having to ring a relative and admit doubt — can be the difference between checking and guessing. And because the family gets told when something is a real scam, it also does something the transfer limit can't: it tells you what is arriving, which is often the first evidence of who is targeting them.

If that's where your parent is, Is it a scam? is built for it. If they're past that point, spend your energy on the four structural things above instead. That's the more useful advice, even though it's not the one that sells anything.

Common questions

Why doesn't explaining scams work when someone has dementia?

Because spotting a scam relies on judgment, risk assessment and impulse control, which are among the first cognitive functions dementia affects. Knowledge can stay intact while the ability to act on it under pressure is gone. An Australian tribunal described one man as unable to resist or weigh the outcomes of giving money away, as a direct result of his diagnosis. Measures that depend on them noticing will keep failing; measures that work regardless will keep working.

What is the single most effective thing I can do?

Lower the daily transfer limit on their bank account. Every Australian bank allows this in the app or internet banking, and defaults are often many thousands of dollars. It caps what can be lost in one sitting whether or not anyone notices anything at the time, which is exactly what's needed when judgment is impaired.

Is it too late to set up a power of attorney after a dementia diagnosis?

Not necessarily, but it becomes urgent. Your parent must have capacity at the time they sign an enduring power of attorney. A diagnosis alone doesn't remove capacity, but decline does, and once it has progressed the only route left is a tribunal application — slower, costlier, and it takes the choice of who acts out of the family's hands. If there's a diagnosis and no EPOA, treat this as the first thing to do.

How much does a tribunal financial administration order cost and how long does it take?

Commonly $500 to $3,000 or more, and typically 8 to 16 weeks. Emergency or interim orders can be faster where loss is active and ongoing, so ask about that explicitly. You'll need medical evidence about capacity and a clear record of what has happened, so keep dates, amounts and screenshots from now on.

Can a tribunal order be made if my parent has no dementia diagnosis?

Sometimes. The tests vary by state and are not purely about cognition. NSW's tribunal has committed the estate of an 80-year-old scam victim recorded as having normal cognitive competence, where the losses created a risk of homelessness. The bar is high and this needs legal advice on your own state's test, but being told nothing can be done without a diagnosis is not reliably correct.

What if a family member is the one taking the money?

That is the most common form of elder financial abuse, and it's worth taking seriously rather than dismissing. Call 1800 ELDERHelp (1800 353 374), which redirects to your state service, and get independent legal advice — not the family's usual solicitor if they're connected to the person involved. If an existing power of attorney is being misused, a tribunal can investigate that specifically.

Will a scam-checking service solve this?

Not on its own, and not in later-stage dementia. These services work because someone pauses and asks; if that pause no longer happens, the service won't reliably catch it. It can genuinely help in mild cognitive impairment or early stages, when someone still senses something is wrong but doesn't trust their own judgement. It is not a replacement for a transfer limit, an EPOA, or telling the bank.

Where can I get support for myself?

The National Dementia Helpline on 1800 100 500 is free and open 24 hours. Carer Gateway on 1800 422 737 provides counselling and respite. Lifeline is on 13 11 14, 24 hours. Watching this happen repeatedly while being unable to stop it is genuinely distressing, and the support exists for you as well as for them.

For the stage where they still ask

Is it a scam? gives one number to send anything to — a text, an email, or a photo of a letter — and a plain answer in seconds. You're told when something is a real scam, which is often the first sign of who is targeting them.

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Written by the Is it a scam? team. We build scam protection for older Australians and their families, from the Sunshine Coast, Queensland. Our verdicts come from a rules engine with published reasoning — not a guess. This article is general information, not legal advice.