Navigating the complexities of aging can be challenging. Elder law encompasses a range of legal issues unique to older adults, and our elder law services are specifically tailored to these needs. Our dedicated team provides comprehensive legal support to seniors and their families aimed at protecting their well-being and financial security as they age. Our services include everything from advising on retirement living and aged care contracts to safeguarding against elder abuse.
Powers of Attorney
A power of attorney is a legal document made by someone (the principal) granting authority to another person (the attorney) to manage the principal’s financial affairs in specified circumstances.
In New South Wales, the two main types of powers of attorney are general and enduring. General powers of attorney may be made for a specified period and cease to have effect if the principal loses capacity. Enduring powers of attorney continue to operate in circumstances where the principal loses capacity.
Professional guidance is essential to enable elderly individuals to make informed decisions about who to appoint as their attorney and understand the attorney’s role and responsibilities. We can step you through the available options and help you create a power of attorney that’s right for you.
Guardianship
An Appointment of Enduring Guardian is a legal document that enables an appointed person (the guardian) to make personal and lifestyle decisions on behalf of an individual (principal) who is unable to make those decisions due to incapacity. These decisions may relate to healthcare, accommodation, and other personal matters. The enduring guardian must act in the best interests and according to the known wishes of the principal.
We can provide guidance on the duties and responsibilities of guardians and assist you in identifying the right person to make these decisions on your behalf should the event arise where you are no longer able to make those decisions for yourself.
Retirement Villages and Aged Care Planning
Navigating the complexities of aged care options can be overwhelming. Sometimes, decisions about these arrangements need to be made quickly and unexpectedly and can cause conflict between a loved one’s family members.
Retirement village and aged care contracts are legally binding agreements that govern the rights and responsibilities of residents and providers. These contracts typically outline matters such as accommodation fees, services, resident rights, dispute resolution procedures, and termination provisions. Elderly individuals and their families should carefully review these contracts, seek professional advice, and ensure they understand the financial and legal implications before signing.
We can review retirement village and aged care contracts and assist with property transactions related to downsizing and moving into these facilities.
Elder Abuse
Elder abuse can take different forms – psychological abuse, financial abuse, neglect and physical abuse. We can provide legal support for victims of elder abuse, exploitation and fraud. We can also advise in relation to any appropriate applications which may need to be made to the Guardianship Division of the New South Wales Civil and Administrative Tribunal or the Protective Division of the Supreme Court of New South Wales.
We can also help families understand the law to support their loved ones and take proactive steps to protect vulnerable individuals.
Our established and trusted Earlwood law firm has decades of experience providing elder law services to seniors and their families. We are also experienced in the commencement of applications to the Protective Division of the Supreme Court for orders protecting vulnerable members of the community. Our compassionate and empathetic team takes pride in delivering personalised service tailored to our clients’ needs, objectives and best interests.
If you need assistance, call 02 9559 2075 or email [email protected].
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