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 for 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.
Enduring Power of Attorney
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, SACAT (the South Australian Civil and Administrative Tribuanl) has the power to make an appointment of a financial administrator on your behalf. However, this process takes time and can be stressful for your loved ones, and SACAT may not appoint the people you would have chosen. Sometimes, Public Trustee may be appointed to manage your affairs.It’s vitally important that you have an Enduring Power of Attorney in place. You can read more about Enduring 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 one or more Substitute Decision-Makers to make those decisions on your behalf if you are not able to do so. All adults should have one and you can read more about Advance Care Directives here.
Attorney and Substitute Decision-Maker Duties
Attorneys and Substitute Decision-Makers have significant responsibility and may have considerable power and control over the affairs of the person they are assisting. Some of the terms are not easy to understand and people don’t always understand the full scope of their powers and responsibilities when the appointment is accepted.
If you have been appointed as an Attorney and/or Substitute Decision-Maker and you don’t understand your obligations then you should seek advice.
In some situations, if you don’t handle things the right way, you could be held personally liable if you have made a choice which has caused financial loss to the person you are assisting.
If you think another person has misused their position as Attorney or Substitute Decision-Maker, Andersons Solicitors can help you understand the options you might be able to pursue to change the appointment and/or recover any lost money.
SACAT Orders
If a person has lost the ability to manage their own affairs and they had not made an Enduring Power of Attorney or an Advance Care Directive, their loved ones can apply to SACAT (the South Australian Civil and Administrative Tribunal) to seek appointment as a financial administrator and/or a guardian.
Andersons can assist with SATAC applications, challenges and disputes.
Where SATAC Orders are in place, and there has been suspected misuse of powers, then it may be possible to challenge the suitability of the appointee and to seek alternative arrangements. SACAT sometimes deals with disputes between family members and others 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.
