Elder Law
Australia's population, as in most developed countries, is ageing as a result of sustained low fertility and increasing life expectancy. Elder law is a legal term for the area of legal practice that covers the issues affecting the aging population.
At RKL, we assist clients in all aspects of elder law, including:
- Preparing Powers of Attorney
- Advising on issues of Guardianship
- Health and personal care planning
- Retirement planning
- Guardianship and administration disputes under the Guardianship and Administration Act 1986 (Vic)
- Advice concerning retirement villages and aged care facilities
- Wills and Estates
- Government benefits and pensions
- Trusts
- Inheritance planning
- Quality of life and independence
- Elder abuse
For more information on how Rudstein Kron Lawyers can assist you with Elder Law please contact us, request an appointment with one of our staff or give us a call on (03) 9519 9888 .
When the State makes decisions for the elderly
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- Published on Thursday, 29 March 2012 04:51
- Written by Michael Knopf
It can be a shock to the elderly who have lived independent lives to suddenly find that the Victorian Civil and Administrative Tribunal (“VCAT”) is involved in making decisions as to their finances and residence because they may have come to the attention of social workers whether hospital or, in respite care, who then form a view that they cannot look after themselves. In that circumstance, the social worker may bring an Application to VCAT, asking for someone else to look after their affairs and seeking the appointment of a Guardian and/or Administrator.
Disputes about Care of the Elderly
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- Published on Thursday, 29 March 2012 04:02
- Written by Michael Knopf
Frequently, the care of elderly relatives ends up falling to one person within a family – including husbands for wives and wives for husbands. Perhaps you are a carer for an elderly person because you are the one who lives close to the person who needs some looking after. Perhaps you are the only one with the time or energy to devote to their care.
On the other hand, there will probably be other relatives or friends of the person who you are looking after who feel unhappy that they are not able to do more to care for that person.
The Legal Rights of those with Dementia
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- Published on Thursday, 29 March 2012 01:51
- Written by Michael Knopf
A medical diagnosis of dementia can be personally devastating but its legal consequences can be unduly exaggerated. A medical diagnosis does not constitute the last word about someone’s legal capacity to make decisions – lawyers have their own guidelines by which to make judgments about someone’s capacity to give legal instruction.
The issue is not the diagnosis of dementia, but whether the person suffering from dementia has reasonable views and can express them. In the earlier stages of dementia, people can still function well in the community. In later stages, sufferers can still be capable of expressing reasonable views about what they would like to happen.