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…
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…
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…
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…
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…
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