Facts: This dispute concerns a claim for possession of a property (“the Property”) co-owned by the plaintiff and her husband as joint tenants. Their daughter brought the proceedings on behalf her mother as her tutor (“the Plaintiff”) against her brother, and the plaintiff’s son (the“Defendant”). The plaintiff and her husband…
Rodney Lewis from Elderlaw Legal Services was invited for an interview by Thomas Oriti on the ABC Radio program – The World Today on 30 July 2020. There was a discussion upon issues in Aged Care Facilities with regards to management, staffing, and poor care of its residents. However, despite…
I think there are some matters which are not adequately covered in the Bill. In relation to the review of decisions, which is the opportunity for challenging, if necessary, the decisions of the medical practitioners, a person who may bring the matters before the Tribunal includes [definition of ‘eligible applicant’…
On 25 October 2021, a bill entitled the Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021 (“Bill”) passed the House of Representatives and within a few hours the government presented further amendments including a proposal for legal immunity for aged care providers. The terms of…
Elderlaw Legal Services, a division of Foulsham & Geddes Pty Ltd, acted for the plaintiff in Supreme Court proceedings last Christmas 2020 regarding funeral arrangements. After three weeks in a morgue, Mrs Betty Batson’s body was finally laid to rest following two days of submissions and cross-examination of several witnesses…
In recent times there have been some serious claims about harm or injury which has affected the residents of aged care homes around the country. There are many stories of neglect and shortfalls in care and other issues which seem to have dominated the image of aged care, leading eventually…
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…
Many people are apparently confused – including aged care providers, residents and their family members, about their respective rights to withhold and to have access to information which may have been accumulated about a particular person while that person has been in a residential care facility. This short article attempts…
Aged Care residents are also consumers Although significant resources are devoted to dealing with complaints by residents and their families and representatives under the aged care system in Australia, it is undeniable that very many of those complaints, even though a minority, are unable to be resolved under the Commonwealth scheme….
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…
