An elder may be defined as a person whose experience of life provides them with the authority to command respect from others or to whom others defer for that reason. Our aim as a legal practice is to assist and advise clients and their representatives and supporters who identify with the term or those that may be identified according to the many definitions of elder.[1] Elder abuse is a real and growing problem in Australia,[2] and it is one of the main legal issues Elderlaw Legal Services engages with. It is not defined by legislation in most states and territories with the exception of the A ..read more

Disputes are inevitable. To be litigation ready, it is essential that aged care providers understand their rights and responsibilities under the Aged Care Act 1997[1](“Aged Care Act”) and the User Rights Principles 2014[2]which relevantly includes the Charter of Care Recipients’ Rights and Responsibilities[3] (“Charter”). Under the Aged Care Quality and Safety Commission Act 2018,[4] the Aged Care Quality and Safety Commissioner also ensures quality monitoring and the compliance of aged care providers.[5] Every approved provider must appreciate that they need a complaints system, understand th ..read more

By Rodney Lewis 14 February 2023 Since the final recommendations of the Royal commission into Aged Care Quality and Safety were published and since the Commonwealth government response has become available for everyone to read, there has been a great deal of discussion and re-education of most people in the aged care system. What then, are the areas for reform which have not attracted much attention? One of them at least is the perspective which lawyers might bring to the discussion on the way in which the Aged Care Act approaches rights for aged care residents and other aged care recipients ..read more

Testamentary capacity is necessary and significant when making, updating, or revoking a will. It refers to the person’s mental state when formally executing their testamentary intentions. If someone lacked testamentary capacity and had made a will at such a time, its validity is in great question. If a prospective will-maker lacks testamentary capacity but tries to execute a will anyway, this can be quite complex for the family and any other eligible persons left behind. However, if someone lacks testamentary capacity. the law allows for another will to be made, but on strict circumstances. St ..read more

An Estate Plan allows an arrangement of your affairs in the way that is desired how your estate will be distributed once you are no longer around. However, in the event the mental capacity of the testator comes into question, creating or making updates to your Estate Plan may give rise to its own sets of challenges. While cognitive decline is not exactly a light-hearted topic to discuss, it’s very important to consider when it comes to how you want to distribute your property and other financial assets while you still retain your legal capacity. As we age, the unfortunate reality for some of u ..read more

Elder Neglect – What is it? Elder abuse is fundamentally a violation of an older individual’s human rights by another person or persons. Elder abuse can take various forms, including physical, financial, psychological, sexual, and emotional. Elder Neglect is a common form of abuse experienced by vulnerable older persons and involves the failure by a carer, relative or relatives, partner, aged care or medical worker or workers, or friend to provide essential needs including food, water, shelter, medical care, hygienic needs, and other areas in which a vulnerable elder may require assistance, re ..read more

Elder Abuse is an issue in Australia, and it is therefore important to know who may be aware of abuse, what forms of abuse may be of concern, community-based organisations that concern themselves with elder abuse, and the roles legal practitioners have in supporting victims. Mostly the victims are elders who are vulnerable and have a diminished ability to advocate and defend themselves from others seeking advantage[1] of them by way of financial abuse, psychological abuse, neglect, physical abuse, and sexual abuse. Elder Abuse can also occur hidden within the close personal relationships of th ..read more

Elder Abuse is when an individual who classifies as an elder is abused by another party causing harm to the elder. Commonly, the offender may be an individual who is close to the elder or whom the elder relies for core support or accommodation. An offender is either a relative (spouses, children, niece/nephew, or often grandchildren), a caregiver, neighbours, etc. Commonly Elder Abuse may take the form of: Financial Abuse Psychological Abuse Physical Abuse Sexual Abuse Clinical Abuse The abuse occurs when the abuser imposes their will upon the victim and because of their vulnerability due to ..read more

This Bill was introduced to the House of Representatives on 28 July 2022. The bill offers immunity against civil and criminal claims if the provider complies with the restrictive practices obligations in the quality of care principles: Substituting subordinate legislation [the quality-of-care principles – made as regulations under the aged care act] in place of centuries old common-law such as unlawful imprisonment, battery, and habeas corpus. Overreach of Commonwealth constitutional powers in granting immunity across a range of important criminal and civil law enacted by states and territo ..read more

Facts: This dispute concerns a claim for possession of a property (“the Property”) co-owned by the plaintiff and her husband as joint tenants. Their daughter brought the proceedings on behalf her mother as her tutor (“the Plaintiff”) against her brother, and the plaintiff’s son (the “Defendant”). The plaintiff and her husband lived at the Property for approximately 30 years. The plaintiff suffered a hip injury, causing her to be admitted to Hornsby Hospital for surgery. She underwent rehabilitation at MT Wilga Rehabilitation Facility and then moved to the Transitional Care Unit at Woy Woy Hosp ..read more