Elder Law
What is Elder Law?
Elder Law refers to a specialised sub-set of legal services directed at the needs of seniors and their families. Elder Law goes beyond estate planning, bringing together traditional legal services and tailoring them to the needs of Australia’s ageing population.
Australians are living longer, which inevitably raises various legal issues. At Andersons, we have expert lawyers dedicated to providing services to the ageing population which focus on managing finances, health, accommodation, care and comfort.
Elder Law empowers seniors in the community to take control of their personal affairs, to plan for emergencies and the inevitability of ageing while protecting their rights and autonomy.
Some areas that our Elder Law specialists can advise include:
Moving into a Nursing Home or Retirement Village
The decision to downsize is not an easy one and can often be an emotional one. Andersons can assist in the review, negotiation and advice of all Nursing Home or Retirement Village contracts. Each operator has different contracts and conditions so we recommend you have a solicitor check the documents and negotiate the most suitable arrangement for you. This will ensure you make an informed choice that allows you to have a fulfilling retirement in a supporting environment.
Power of Attorney (POA)
An Enduring Power of Attorney is a legal document which enables you to appoint a person (your attorney) to make decisions on your behalf about your finances and assets if you’re not able to do so. Should you lose mental capacity due to an accident, dementia or other illness and have not appointed an attorney, the Guardianship Board has the power to make an appointment on your behalf. For example, the Public Trustee may be appointed and the process takes time. It’s vitally important that you have a POA in place. You can read more about Powers of Attorney here.
Advance Care Directives
An Advance Care Directive is a legal document that specifies your personal wishes relating to your medical care and welfare and allows you to appoint a substitute decision maker on your behalf. All adults should have one and you can read more about Advance Care Directives here.
Attorney and Carer Duties
Attorneys and Carers have significant responsibility and may have considerable power and control over the affairs of a person. Some of the terms are not easy to understand and are often misunderstood or not explained when the appointment is accepted.
If you have been appointed under either scheme and you don’t understand your obligations then you should seek advice. There are strict duties and standards expected of people in these appointments, and a failure to live up to them may result in you becoming personally liable to compensate the person for whom you are supposed to be caring for.
Andersons Solicitors can help challenge POAs, recover lost monies, and ensure those involved are placed in a position with the most appropriate appointments and care.
Guardianship Orders
A Guardianship Application can be made when no appointments have been made and a person has lost the ability to manage their own affairs.
Guardianship applications are administered by the South Australian Civil and Administrative Tribunal (SACAT) and Andersons can assist with applications, challenges and disputes.
Where Guardianship Orders are in place, and there has been suspected abuse, then it is possible to challenge the suitability of the appointee and to seek alternative arrangements. SACAT also assists in determining disputes between parties, family members and other people around the appropriate care and orders for an individual.
Andersons Solicitors has a team of expert lawyers that practice Elder Law so please reach out if you need specialist advice.
Elder Law empowers seniors to take control of their personal affairs and futures.