An elder may be defined as a person whose experience of life provides them with the authority to command respect from others or to whom others defer for that reason. Our aim as a legal practice is to assist and advise clients and their representatives and supporters who identify with…
Scenario What can you do legally if your elderly father with dementia marries a woman 30 years younger? How does marriage law apply? The right to form relationships is a fundamental human right. The court does not have a right to interfere in marriages unless the exercise of this right…
Disputes are inevitable. To be litigation ready, it is essential that aged care providers understand their rights and responsibilities under the Aged Care Act 1997[1](“Aged Care Act”) and the User Rights Principles 2014[2]which relevantly includes the Charter of Care Recipients’ Rights and Responsibilities[3] (“Charter”). Under the Aged Care Quality and…
By Rodney Lewis 14 February 2023 Since the final recommendations of the Royal commission into Aged Care Quality and Safety were published and since the Commonwealth government response has become available for everyone to read, there has been a great deal of discussion and re-education of most people in the…
Testamentary capacity is necessary and significant when making, updating, or revoking a will. It refers to the person’s mental state when formally executing their testamentary intentions. If someone lacked testamentary capacity and had made a will at such a time, its validity is in great question. If a prospective will-maker…
An Estate Plan allows an arrangement of your affairs in the way that is desired how your estate will be distributed once you are no longer around. However, in the event the mental capacity of the testator comes into question, creating or making updates to your Estate Plan may give…
Elder Neglect – What is it? Elder abuse is fundamentally a violation of an older individual’s human rights by another person or persons. Elder abuse can take various forms, including physical, financial, psychological, sexual, and emotional. Elder Neglect is a common form of abuse experienced by vulnerable older persons and…
Elder Abuse is an issue in Australia, and it is therefore important to know who may be aware of abuse, what forms of abuse may be of concern, community-based organisations that concern themselves with elder abuse, and the roles legal practitioners have in supporting victims. Mostly the victims are elders…
Elder Abuse is when an individual who classifies as an elder is abused by another party causing harm to the elder. Commonly, the offender may be an individual who is close to the elder or whom the elder relies for core support or accommodation. An offender is either a relative…
This Bill was introduced to the House of Representatives on 28 July 2022. The bill offers immunity against civil and criminal claims if the provider complies with the restrictive practices obligations in the quality of care principles: Substituting subordinate legislation [the quality-of-care principles – made as regulations under the aged…