Introduction

Elder Law covers a range of issues that become increasingly important as we get older – decision making, particularly where there are or could be capacity issues, putting protections in place for the future, planning for retirement, and living arrangements and financial considerations at the latter stages of life. At Harris Tate we provide empathetic, practical legal support for families dealing with these sensitive matters. We’re here to help resolve disputes, offer guidance, and protect the wellbeing of (sometimes) vulnerable older people.

Capacity and Decision-Making

When someone’s ability to make sound decisions is compromised by illness, injury, or age-related changes, it may be necessary to seek legal authority to safeguard their interests. Where there are no Enduring Powers of Attorney in place and it is too late to put them in place, applying to the court to be appointed as a welfare guardian or property manager allows a trusted person to make important decisions about the individual’s care or finances. If you need to explore this option, members of our team can guide you through the application process and clarify your responsibilities.

Issues with Enduring Powers of Attorney

Enduring Powers of Attorney (EPOAs) are intended to protect a person’s interests when they can no longer manage their affairs. However, disagreements may arise if the appointed attorney is making questionable choices or failing to act in the donor’s best interests. If you suspect an attorney is abusing their authority, we can advise on your options – whether that involves negotiation, mediation, or escalating the matter to the courts if necessary.

Retirement Village and Rest Home Agreements

Choosing to move into a retirement village or rest home is a significant step. The agreements tied to these facilities can be complex, involving fees, rules, and obligations that may vary from place to place. Our lawyers can review the contract, explain any terms that might affect your rights, and ensure you’re fully informed before signing. Should a dispute arise over fees or care standards, we’ll help you or your loved ones address concerns and protect your interests.

Residential Care Subsidies

The prospect of affording aged care can be stressful, particularly if finances are tight. Residential care subsidies may help cover some or all of these costs, but navigating the application process can feel daunting. We can break down the eligibility criteria, help you understand asset and income assessments, and work to maximise any entitlements.

Elder Abuse

Elder abuse may be physical, emotional, or financial, and can happen even within a family context. If you think someone is being mistreated, it is crucial to seek legal help right away. Our team can walk you through potential legal remedies, such as protective orders or court applications, to help ensure the person’s safety and dignity.

Talk to Harris Tate

At Harris Tate, we’re committed to providing clear, compassionate advice on all aspects of Elder Law. Contact us for assistance with capacity issues, EPOA issues, retirement village or rest home agreements, or any concerns about elder abuse – so you can protect yourself or your loved ones with confidence and care.