Elder law articles

This section highlights just some of the important elder law issues confronting elders and their families and carers every day in Australia.

A legal perspective

This is a general comment about the current state of information available to intending residents and their families and supporters in the aged care system in Australia. I have been moved to think about these issues by the campaign which has begun on the Aged care crisis website.

There is much which is lacking in the system and which is very important to intending residents to know about. Also there is an unsatisfactory system of complaints which also lacks some of the important elements of an open information system so important to consumers of these services. - Rodney Lewis, Solicitor

General limits on abuse of powers of attorney - Fiduciary Duty

An attorney appointed by Power of Attorney has, in law, significant financial responsibilities to the principal which must be complied with¹. The appointment of an attorney under a Power of Attorney is really the appointment of an agent to attend to matters of business or personal financial management, such as dealing with third parties, on behalf of the person appointing the agent, otherwise known as the principal or donor of the power.

Last Updated on Sunday, 21 March 2010 11:12

Why don't we just live in your house, son?

A short review of some 'granny flat' cases

In each of the real examples that follow it is interesting to consider whether any or all of them or any part of the conflict which they illustrate, might have been avoided had the parties considered entering into a clear agreement which attempted to contemplate some of the risks and the vagaries of life which eventually brought them into litigation.

Last Updated on Sunday, 21 March 2010 11:12

Making a Family Agreement

Who will care and for how much?

Family Agreements - what are they?

There is definitely a case to be made for a written family agreement which includes private commitments made between elders and their relatives friends and carers designed to accommodate the health care and security needs and wishes of the elder in their advancing years, consistent with the needs and resources and other or competing commitments of friends and family who may decide to assume the position of carer. Many such arrangements are made on an ad hoc basis even though sometimes involving a significant amount of money or property. Most commonly they are made between an ageing parent and an adult child.

Can I please see Mum's file and records?

Simple question needing a simple answer, yes? Well, actually no. At least, not when it comes to aged care.

Last Updated on Saturday, 06 March 2010 02:49

Residential care agreements

DON'T Just sign on the dotted line!

Here are some ideas which should be considered before signing the contract which you must be offered before entering a residential care facility (RCF).