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Elder Law

As people age, they require plans in place for matters such as retirement, future living arrangements, and strategies to deal with the possibility of illness and incapacity. If these arrangements are not in place, family members usually need to make difficult decisions and negotiate complex legal processes for the ongoing care of elderly family members or the administration of their affairs or estate.

Elder law is a specialised area of law that focuses on the legal issues affecting older adults and their families. It encompasses various matters, including retirement village and nursing home contracts, family financial arrangements, powers of attorney, and enduring guardianships. It also includes protections against elder abuse, exploitation, and fraud. Understanding these legal matters is crucial for ensuring the protection, wellbeing, and financial security of elderly individuals.

Our experienced solicitors can guide you through a range of elder law issues, providing advice and assistance to put in place appropriate legal arrangements to suit each individual’s circumstances, and ultimately giving peace of mind that their affairs are in order. We can help with:

  • Retirement living and nursing home contracts
  • Wills and estate planning
  • Care agreements
  • Family Financial Arrangements
  • Enduring Powers of Attorney
  • Enduring Guardianship
  • Advanced Health Care Directives

Family Financial Arrangements

Family financial arrangements may involve intergenerational wealth transfers, estate planning, and financial support for elderly parents or family members. It is crucial to seek legal advice when structuring these arrangements to ensure compliance with legal requirements and to protect the interests of all parties involved. Solicitors can assist with drafting wills, establishing trusts, or creating financial powers of attorney to manage assets and make financial decisions on behalf of an elderly individual.

Powers of Attorney

A power of attorney is a legal document that grants authority to another person (the attorney) to make certain decisions and take actions, often on behalf of an elderly person (the principal). In New South Wales, there are two types of powers of attorney – general and enduring. General powers of attorney cease to have effect if the principal loses mental capacity, whereas enduring powers of attorney continue to be valid in such circumstances. It is important for elderly individuals to carefully consider who they appoint as their attorney and to clearly communicate their wishes and expectations.

Enduring Guardianships

An enduring guardianship is a legal arrangement that allows an appointed person (the guardian) to make personal and lifestyle decisions on behalf of an individual (the principal) who is unable to make those decisions themselves due to incapacity. These decisions may relate to healthcare, accommodation, and certain other personal matters. The enduring guardian is obligated to act in the best interests and according to the known wishes of the principal. It is crucial to carefully consider the appointment of an enduring guardian and to clearly document the scope of their authority and responsibilities.

Retirement Villages and Aged Care

Retirement village and aged care contracts are legally binding agreements that govern the rights and responsibilities between residents and retirement village providers. These contracts typically outline matters such as accommodation fees, services provided, rights of residents, dispute resolution procedures, and termination provisions. It is important for elderly individuals and their families to carefully review these contracts, seek legal advice if necessary, and ensure they understand the financial and legal implications before signing.

Elder Abuse

Elder abuse most commonly takes the form of financial abuse, psychological abuse, neglect, and physical abuse. Financial abuse occurs when a person illegally and improperly uses an elderly person’s property for their own or a third party’s benefit. Examples include:

  • Misusing a power of attorney and/or making unauthorised withdrawals from a bank account through an ATM or an internet transfer
  • Depriving an elderly person from accessing their own funds or property
  • Manipulating or coercing an elderly person into gifting or loaning money or transferring assets
  • Putting a person under duress to include certain provisions in a will or to change an existing will
  • Pressuring a person to give a power of attorney or appointment of enduring guardian

A solicitor can help elderly Australians and their loved ones navigate the law and be their advocate in cases of elder abuse. That can mean taking action ranging from contacting the necessary authorities, such as the Aged Care Quality and Safety Commission, to representing victims in court.

If you need help, contact of****@ge*************.au or call 02 4234 3033 for a no-obligation discussion and for expert legal advice.