Elder Lawyers NSW
The legal issues surrounding the decisions mentioned above are unique to the ageing and elderly, and thus require a law firm with expertise and experience in this area of law. Our Wills & Estates Team can provide you with friendly, clear and personalised advice that is tailored specifically to your family’s situation.
We can provide you and your family with the assistance you need to be able to make informed decisions that relate directly to your particular needs.
What areas of Elder Law can you assist with?
- Financial Abuse of the Elderly
- Estate Planning & Asset Protection (Protect Your Assets)
- The preparation of Wills, Enduring Guardian & Enduring Power of Attorney documents
- Superannuation Entitlement Claims
- Probate & Administration of Estates
- Estate Disputes
- Advance Medical Directives
- Guardianship Tribunal Matters
- Family Law (Grandparents Access to Kids)
- Retirement Village Entry (Residential Aged Care Facilities Entry, Legal Advice & Contracts)
- Retirement Villages & Residential Aged Care Facilities
What are the most complex areas of Elder Law?
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:
1. 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. These days, it is common for operators to put a strict eligibility criteria in place to limit the number of applicants. We 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.
2. 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 a number of fees you must take into consideration when moving out that could result in costs ranging from a few thousand dollars to over $100,000.
We 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.
How does your Elder Law service work and what are the costs involved?
We are focused on providing elderly Australians with convenient and accessible legal services. We have a number of offices located right across NSW.
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 your residence if it is located within a reasonable distance from our Newcastle office.
Finally, for those who have the technical capability, we also offer Skype video appointments, which allow you to speak with one of our Elder Law experts all from the comfort of your home.
For ease of mind, we offer a cost-effective fee for handling your entry into a retirement village or other aged care facility. The costs for this service can be easily determined by contacting our Wills & Estates Team for a free initial phone consultation. To provide you with an accurate estimation of costs, we first need to ask you a few clarifying questions and, 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).
- 24/05/2011 by Natalie PowerThe difference between a Power of Attorney and Enduring Guardianship
- 08/04/2010 by Warwick GilbertsonChanges to the Law of Intestacy
- 24/02/2016 by Rani GandhaWhat happens if my Power of Attorney abuses that power?
- 27/03/2015 by Rani GandhaWill Centrelink view using assets from a deceased estate to pay off a mortgage as a gift?
- 01/06/2016 by Natalie PowerHow is testamentary capacity determined when making a Will