Solicitors are in a number of instances acting at the same time for both elderly people signing over property to third parties as well as the third parties benefiting from the transaction, it was claimed yesterday.
A senior health service employee said two to three such cases had been brought to his attention in the northeast region in the past 12 months alone.
Austin Warters, who works in the area of combating abuse of the elderly, said the issue was of concern as solicitors acting for both parties, and particularly if the elderly person had "diminished capacity", clearly had a conflict of interest.
"I would have had two to three cases like that discussed with me over the last 12 months. It does raise issues about how widespread it is," he said.
Ken Murphy, director-general of the Law Society, said there was a clear ethical obligation on any solicitor not to act in a situation where there was a conflict of interest between their clients.
"Certainly if there is a person with diminished capacity and that person is signing away an interest then in principle there should be separate and independent legal advice for both parties," he said.
If a solicitor was acting for two parties where there was a conflict of interest he or she could face a professional misconduct hearing and there was also the possibility that the transaction the solicitor was involved in could be challenged at a later stage, he added.
Mr Murphy said anyone with concerns about solicitors acting in situations where they had a conflict of interest should report this to the Law Society. They should also seek independent legal advice "if they have suffered as a result of this situation".
Mr Warters was speaking to The Irish Times after addressing a conference in Dublin which explored isolation and loneliness among older people in the Republic, as well as the issue of abuse of the elderly in the State.
It was organised by the Senior Help Line whose national co-ordinator, Mary Nally, said the helpline had received more than 12,000 calls since it was set up over seven years ago.
She said 23 per cent of calls concerned abuse of the elderly in the community. There was a lot of talk about the way elderly people were treated in nursing homes but her organisation wanted to highlight the "silent cries" from the "hidden voices" of older people in their own homes and communities.
It was evident from calls received that older people were being pressured to sign over property to relatives who were trying to put downpayments on new homes, Ms Nally said.
In some instances "huge psychological pressure" was placed on them to sign over land or other property. "We are hearing it practically every single day," she said, adding that this was a form of abuse. The helpline is operated by older people and can be contacted at 1850 440 444.
Meanwhile, in Japan yesterday a law was passed in an attempt to prevent abuse of the elderly. It will require those who discover such abuse to inform local authorities, who will be required to investigate.