By Don Macpherson An Executor is the person named in a Will who the deceased chose to administer the estate. If there is no will, then someone must apply to the court to be appointed as Administrator of the estate. The Executor or Administrator is responsible for the deceased’s property and for payment of all outstanding debts and taxes from the estate funds before distributing the assets of the estate to the beneficiaries of the Will. The Executor or Administrator’s duties include: Protecting and auditing the deceased’s assets and perhaps obtaining asset valuations; Applying to the Supreme C ..read more

By Lesa Macpherson Australia has just celebrated its third annual “Ageism Awareness Day”, but we still have a long way to go. So what is Ageism? What can we do about it? What are the legalities around Age Discrimination, and how effective are they? A recent survey concluded that: “Ageism is stereotyping, discrimination, and mis-treatment of people solely on the basis of Age. Ageism has a devastating impact on physical and mental health, longevity, employment prospects, and participation opportunities”. The survey results included startling findings: Three in every four over 50s believe Aust ..read more

By Lesa Macpherson There are a number of different Retirement Living Options, and one that is increasingly common is the “Over 50s Resort” Style of living. These Parks are booming all across South East Queensland as they are offering an attractive alternative to the traditional Retirement Village option. The term Over 50s Resort is really a marketing term and doesn’t really have any legal definition or meaning. These sorts of arrangements come under the Qld. Manufactured Homes Act, and deal with ownership of (theoretically) relocatable homes within a Manufactured Home Park. The crucial differe ..read more

By Lesa Macpherson Our generation has lived in two different centuries (in fact two different millennia), and has seen and adapted to enormous changes, and it’s now our time to enjoy our later years. No other generation has had to deal with such constant change, from an Analogue Childhood to a Digital Life; from Telephones fixed to the wall, to mobiles working anywhere; from Black and White TV to Streaming; from putting 20c pieces into the box in the public telephone booth, to on line automatic payments for everything. More Boomers equals more changes, and we are now forcing change on the Reti ..read more

By Lesa Macpherson The new term for down-sizing is right -sizing. In making the decision to move into a Retirement Village there are many things that should be carefully thought through prior to progressing with your retirement living decision. Both Lifestyle choices and Financial costs are important. The emotional components of your decision need careful consideration as well as the financial aspects. Visit a variety of villages and picture yourself in each of them. Talk to residents, as well as your friends and family when making your decision. How will you continue to include your loved on ..read more

By Lesa Macpherson INGOING, ONGOING AND OUTGOING COSTS OF RETIREMENT LIVING Here’s what you need to consider: Downsizing is an often overused term nowadays and does not necessarily reflect all the Retirement Living options available. Also, in so many cases, it can open up all kinds of worries and concerns. Often, sadly, the very people who are lonely and isolated can be those most likely to benefit from a Lifestyle “upgrade” and a home maintenance or financial pressure “downgrade”. “Rightsizing” (a term coined by Rachel Lane) can be the result – a home that suits your lifestyle best. There are ..read more

By Lesa Macpherson Budgeting, losing weight and a healthier lifestyle are the most common New Year resolutions. For many Elders and Retirees (and their families) it may also be a time to think about their lifestyles, and in particular, changes for the better. We have found that Christmas and New Year gatherings can often be a time that caring loved ones notice a change in their mother and father or grandparents. Over time these changes lead to a recognition that the house is much harder to maintain, health problems are impacting more, and even a lack of community and easily accessible leisure ..read more

The end of one year, and the start of another, is often a time where people reflect on their plans for the future, and what changes they need to do to improve their lifestyle. Common resolutions involve such things as losing weight, getting healthy, being more careful with money, and generally doing things better in the year ahead. One thing relevant to seniors is that often this is the time of year to consider whether current accommodation is suitable, and whether a change is appropriate. It is also the time of year when families get together (sadly often a rarer event these days). A feature ..read more

One of the very pleasant aspects of practicing in Elder Law is getting to know some very interesting people who have lived full and rich lives. It is truly a privilege to get to know our Elder Law clients and help them with their needs and assist them along the pathway of their journey through life. One thing we have learned after years of work in Elder Law is that all the clients have their own story – they are individuals, and it is our duty to provide tailor made bespoke advice for their particular circumstances. They have “old school values” – honesty, courtesy, and wisdom, and they are en ..read more

The decision to leave one’s home and move to a Retirement Village is a significant life decision, and not one taken lightly. We assist many people into Retirement Villages, and a recent discussion with a client was particularly poignant. Her husband had died, and she lived in a beautiful apartment with sea views. She told us that friends would come to her unit and remark on the lovely view. She replied “Yes – but it’s a lonely view”. She chose to move from her apartment to a Retirement Village for one reason – COMMUNITY. You don’t want to be known as “that nice little old lady that lived on le ..read more