As you grow older, you face important decisions that can shape your quality of life, dignity, financial security and relationships. Complex elder law matters require legal advice to ensure you make the right choice for you and your family.
The legalities surrounding such choices are distinct to this chapter of life – which is why it’s so important to have a legal team with experience in elder law by your side.
Our friendly wills & estates lawyers can provide you with clear, practical and reliable support personalised to your unique situation. Gain the guidance and advice needed to make informed decisions with peace of mind.
Our elder law services
Our elder law team can support you with:
- Financial abuse of the elderly
- Estate planning and asset protection
- The preparation of wills, enduring guardian and enduring power of attorney documents
- Superannuation entitlement claims
- Probate and administration of estates
- Estate disputes
- Advance medical directives
- Guardianship tribunal matters
- Family law (grandparents access to kids)
- Retirement villages and residential aged care facilities
Aged care and retirement village contracts
Choosing to move into aged care or a retirement village is a major life decision, often filled with uncertainty. As every provider offers different contracts and terms, it’s crucial to have professional legal guidance that champions your best interests.
Our experienced elder care lawyers are well-versed in all aspects of retirement village and nursing home services. We make the legal process easier to navigate, breaking down complex contracts with clear, simple explanations and invaluable guidance. That way, you can make informed decisions that pave the way for a rewarding retirement with the care you deserve.
Elder abuse
Are you concerned that someone you care about is being taken advantage of, neglected, or pressured into decisions they don’t fully understand? Elder abuse can come in many forms – financial, physical, emotional, or even sexual. Whether through direct action or neglect, the impact can be devastating.
Elder abuse isn’t always the result of strangers or outsiders. Heartbreakingly, it can often come from those closest to the individual – family members, friends, or caregivers. This breach of trust makes the older person even more vulnerable, turning a place of safety into one of harm.
If you suspect something is wrong, our elder lawyers are here to help. We’ll work to put an end to the abuse, seek justice and protect the dignity and well-being of those affected.
Enduring power of attorney
With an enduring power of attorney, you may appoint someone you trust to manage your financial affairs and assets when you are no longer capable of doing so.
Our elder lawyers help you take control of the future by ensuring that your wishes are legally secured in any eventuality. From applications to revocations, we can walk you through the “what-ifs” of life to ensure you are prepared for scenarios like sudden illness, dementia, or unexpected loss of capacity.
Advance care directives
An Advance care directive is a vital legal document that details your preferences for medical treatment and personal care, should you become unable to communicate or make decisions for yourself. It also allows you to appoint a trusted person to act as your substitute decision-maker, ensuring your wishes are respected.
Once completed, an advance care directive lasts until it is changed.
It’s recommended that all adults, especially seniors, consult with their GPs to have an Advance Care Directive put into place.
Enduring guardianship
An enduring guardianship is a legal document that permits someone to make lifestyle, health and medical decisions on your behalf should you become too ill or injured to do so yourself. Our Elder Law team can provide support with the application process, as well as handle any challenges or disputes down the line.
In cases where guardianship orders are in place but concerns arise about potential abuse or the suitability of the guardian, we are here to help contest the appointment and seek alternative care arrangements.
Guardians & attorneys
As a guardian or attorney, you’re entrusted with the well-being of someone who relies on your support. It’s a role of immense trust – but with that comes the challenge of understanding complex legal obligations. Often, the details aren’t clearly explained, leaving you in the dark about what’s truly expected of you.
If you’ve taken on this important role and feel unsure about your duties, it’s essential to seek professional guidance. Failing to meet legal standards could mean personal liability for mistakes or mismanagement. We can help – whether it’s clarifying your responsibilities, recovering lost funds, or ensuring the right person is in place to provide proper care.
Elder law with Turnbull Hill Lawyers
Experienced elder attorneys
Legal issues can be daunting, especially when faced in later life. Since 1969, we have been supporting seniors and their families to navigate each step of the legal process as seamlessly as possible.
Reliable support
Trust that your case will be managed with efficiency and care, addressing urgent matters whenever needed. Our professional team provides prompt solutions so that you can get back to enjoying your freedom years faster.
Personalised advice
Your situation is unique. That’s why we always take a personalised approach. Whether you’re dealing with aged care contracts, elder abuse concerns or any other legal issue in between, discover tailored guidance at every stage.
Confident decisions
Gain a complete understanding of your legal situation, the implications, and potential outcomes. With clear communication and pragmatic guidance, you’ll be empowered to make the right choice for your or your loved one’s future.
Trusted by thousands
Join the many families who have turned to us for guidance on life’s most meaningful legal matters. As one of NSW’s leading elder law firms, our reputation is built on a commitment to delivering exceptional service and successful outcomes.
Clear & competitive costs
Our fixed-fee elder law services provide invaluable support and advice at true value for money. Equipped with a transparent, tailored estimate, you will have clarity in your legal costs from the outset.
Discover dependable elder law support
Our compassionate lawyers in Newcastle, Maitland and Sydney are here to help you navigate elder law matters without the worry.
Discover dependable elder law support
What our clients say
They looked after me quite well I was quite pleased with their service.
Patrick Huolohan assisted in updating my estate planning with what was a very quick, simple and efficient process. Patrick was both professional and easy-going which ensured an anxiety-free experience. A modest investment to get the job done right and provide the family with certainty.
Thank you for the way you have looked after matters on my behalf. We are blown away by the efficiency, communication and friendly response from all involved. Our sincere gratitude and thanks.
Congratulations. Bloody fantastic work on the Estate!
Warwick Gilbertson is an absolute professional in all he does. He is a wonderful man of competence and integrity and a warm and thoughtful human being. I have recommended Warwick to friends. Thanks.
Our elder law attorneys in Newcastle, Maitland and Sydney
Get started in 3 simple steps
If you need help, get in touch with our Elder Law team. We will give your case the care it deserves.
Book a consultation
Call our friendly team on 1800 994 279 or contact us today.
Tell us your story
Your will dispute lawyer will listen carefully to your needs so that we can empower you with invaluable legal advice.
Receive the right support
Gain reliable assistance at every stage of this legal process, whichever approach best suits your financial circumstances.
Frequently asked questions
Elder law is a specialised field designed to meet the unique needs of clients aged approximately 55 years and older. It encompasses so much more than wills and estate planning, extending to various legal services from aged care contracts to capacity documents.
Ultimately, this branch of law equips seniors with the legal guidance to take charge of critical decisions, prepare for potential emergencies and safeguard their rights and dignity.
At Turnbull Hill Lawyers, we are highly experienced in supporting clients with a range of elder law matters, including:
- Planning for retirement;
- Downsizing from their family home;
- Moving into an aged care facility or retirement village;
- Organising future medical care;
- Managing current and future financial affairs; and
- Assisting those who are experiencing elder abuse.
Contact our friendly team today to schedule a complimentary phone consultation.
In Australia, the retirement village and aged care sector is currently facing a number of issues that have given rise to complexities surrounding elder law.
These issues include:
Navigating the market
We have an ageing population. In 2007 the median age of Australians was 36.8, by 2056 it will have risen to 45.2 (ABS). The proportion of elderly Australians (over 65) will also increase from 13% to 25% at the same time. Unfortunately, the construction of new aged care facilities has not been in line with our ageing population, which means the market is currently very tight, competitive and expensive.
As a result, there are now only a limited number of spaces available in retirement villages and other aged care facilities, which shifts most of the power into the hands of the facility operators. It is common for operators to put strict eligibility criteria in place to limit the number of applicants.
Our aged care legal services can help you make the right decision, instead of being forced into the wrong one because of market pressures. We’ll also assist you by going over the eligibility criteria of any facility you wish to enter, to ensure you meet it before applying.
Choosing the right option
The needs of our ageing population are changing rapidly. Our ageing population requires specially designed accommodation and unique lifestyle environments. This includes having access to technology, translators and transport. Gone are the days where aged care facilities were considered to be a ‘one-size-fits-all’ solution to accommodate the elderly.
Now, there are a vast number of options to consider when choosing your future accommodation, all of which have their own pros and cons. Due to market pressures mentioned earlier, it’s common for people to choose hastily simply because there has been an opening at a facility.
We help you choose the right option by taking the time to understand your needs, financial standing and lifestyle. We assist you by taking an objective look at all your options to provide you with clear advice, ensuring you choose the best option.
3. Understanding the contract
Aged care facility contracts are more complex than they have ever been. This is a direct result of ever-changing government regulations, taxation and superannuation issues, risk management issues and a rising number of claims. In many cases, moving into an aged care facility has become more complicated than moving into another residence because:
There is an ongoing provision of services that need to be taken into consideration. You (the resident) must pay an ongoing contribution to these costs, similar to paying strata levies.
There is a lot of confusion about the costs involved in moving into a retirement village (or other aged care facility) and what happens to your estate when you leave the village or pass away. Depending on the facility, there are many fees you must take into consideration when moving out that could result in costs ranging from a few thousand dollars to over $100,000.
Our aged care lawyers can assist you by helping you understand the contract’s terms and conditions so you and your family are fully aware of the short-term and long-term implications of any decision you make regarding your future.
We are focused on providing elderly Australians with convenient and accessible legal services.
While we have offices in Newcastle, Maitland and Sydney, we also understand that it is not always possible for our clients to make it to one of our offices. For this reason, we can attend your residence if it is located within a reasonable distance from our office.
For those who have the technical capability, we also offer video or phone appointments. This will allow you to speak with one of our elder law specialists from the comfort of your home.
The cost of an elder law lawyer in Australia depends on your unique circumstances and legal requirements.
At Turnbull Hill Lawyers, we can provide you with an accurate estimation of costs with a free initial phone consultation. During this call, we will ask you a few clarifying questions to understand your situation.
For example, if applicable, we’ll need to know which retirement village or aged care facility you are going into and we’ll also need to see a copy of their contract (if you have it).
Afterwards, our team can provide you with a detailed and personalised estimate so that you can be confident in your costs from the start.
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