Elder Law
(Legal issues relating to the Elderly)

WILLS & POWERS OF ATTORNEY

It is critically important to have in place Wills and Powers of Attorney as you get older.

Whilst you are still capable of understanding legal documents and signing legal documents Enduring Medical & Financial Powers of Attorney should be signed so that your loved ones are able to make requests and decisions on your behalf if you become incapacitated.

All adults need a Will especially the elderly, to ensure that the assets built up over a lifetime are distributed after your death in accordance with your wishes. The law is quite clear. If you do not have a Will, when you die, your assets will be divided in accordance with a strict government formula and not according to your wishes.

It is prudent to keep with your Will a list of all your assets and liabilities and advise your Executor where the list may be found eg:

• Property – Title Particulars
• Bank Accounts – Bank, Branch and Account Numbers
• Insurance Policies – Insurance Company and Policy Number including Superannuation Policies & Life Insurance Policies
• Shares, Debentures, Stock
• Cash
• Other Valuables

See our section on Wills & Estate Planning

RETIREMENT VILLAGES AND AGED-CARE FACILITIES

There are many issues to navigate when deciding to purchase into a retirement village or enter an aged-care facility.

The are many features of Retirement Villages that make them more complicated than traditional forms of property, and the range of legislation that may be relevant can be very broad.

The legal structures that underpin a retirement village or aged-care facility can include a long-term lease, long-term licence, strata title, community title, company title, unit trust, manufactured home and conventional lease structures. All of this will be contained in an incredibly detailed legal document. Therefore you will require an experienced Property Lawyer to sift through the documentation in order to advise you of the main terms and conditions.

It is important to identify the key issues before entering into the contract, such as:-

• Type of title holding
• Stamp duty
• GST
• Service charges and other administration fees
• Refurbishment and capital replacement costs
• Security of tenure
• Operator default
• Termination
• What is required by you when vacating the premises and are there any departure fees
• Capital gains and losses
• Credit risk

ELDER ABUSE AND CLAIMS OF INADEQUATE CARE

If you find yourself or your loved one in an aged-care facility where you or your loved one is suffering abuse or neglect by staff, whether physical, mental, emotional, or sexual, we can assist you to negotiate better conditions and peruse a claim if necessary.

COMPETENCY CLAIMS & GUARDIANSHIP ISSUES

Once a person is certified as being mentally incapable by not less than two (2) independent qualified Geriatricians, a Guardianship Application can be made at VCAT pursuant to the Guardianship and Administration Act 1986 (s24).

Over the years, we have successfully assisted many clients to apply for Guardianship over an elderly relative.

We have also successfully challenged many Applications for Guardianship where the elderly person is then deemed to be capable.

We work closely with family members and Geriatricians to apply for assessments as to competency.

If you require assistance with any of the topics discussed above, please do not hesitate to contact our experienced Lawyers on +613 9523 8811, request a cost estimate or email an enquiry.