Best Elder Law Lawyers in Australia

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Moloney & Partners

Moloney & Partners

Adelaide, Australia

Founded in 1988
10 people in their team
We have been around for over 25 years now, having commenced operations on 21 October 1988. We commenced as a small-to-medium Firm and have...
English
Harris Law

Harris Law

Brisbane, Australia

Founded in 1997
1 people in their team
AboutI am a specialist wills and estates and business succession lawyer. This means I am uniquely positioned to help grieving families with complex...
English
Mountains Lawyers Pty Ltd

Mountains Lawyers Pty Ltd

Rockingham, Australia

Founded in 2000
10 people in their team
Our firm has been established for over 20 years. From a humble sole practice of our Director, Vicki Mountain, in the Perth CBD the firm has grown by...
English
Williams legal

Williams legal

Thebarton, Australia

Founded in 1899
225 people in their team
OUR EXPERTISEThe Williams Barristers and Solicitors firm established in 2015 with the opportunity to bring together lawyers with in depth legal...
English
Stokes Legal

Stokes Legal

Adelaide, Australia

Founded in 1988
10 people in their team
About Stokes LegalFounded by David and Angela Stokes, Stokes Legal has been providing effective legal solutions, advice and court representation to...
English
Composite Law

Composite Law

Perth, Australia

Founded in 2014
10 people in their team
The FirmComposite Law is a commercial law firm based in Perth, Western Australia.A specialised litigation practice, our focus is on assisting...
English
FCG Legal Pty Ltd.

FCG Legal Pty Ltd.

Carlton, Australia

Founded in 2004
50 people in their team
About Us โ€“ The FirmFCG Legal is an Australian law firm. Its purpose is to provide an efficient and cost effective service to its clients. It is...
English
Johnston Withers

Johnston Withers

Adelaide, Australia

Founded in 1946
200 people in their team
Overview Founded over 70 years ago, Johnston Withers is a progressive and professional law firm. We combine our history, extensive experience,...
English
Advocate Lawyers

Advocate Lawyers

Kingston, Australia

Founded in 2022
10 people in their team
About usNow open in Kingston and Hobart! Advocate Lawyers provides services to residents of the Channel, Huon, Hobart and beyond. We can assist with...
English
Tierney Law

Tierney Law

Hobart, Australia

Founded in 1982
50 people in their team
About usBig enough for a complete legal service, small enough for personal care. We can help you with your legal problems and help you to make the...
English

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About Elder Law in Australia

Elder Law is a specialized area of law that focuses on the specific legal needs of older adults. It encompasses a wide range of issues such as estate planning, retirement planning, guardianship, and long-term care planning. In Australia, Elder Law aims to protect the rights and interests of older individuals and help them navigate the complex legal issues that may arise as they age.

Why You May Need a Lawyer

There are several situations where you may need the assistance of a lawyer specializing in Elder Law. Some common reasons include:

  • Creating or updating a will and estate plan
  • Protecting assets and planning for future care needs
  • Dealing with issues related to retirement villages or aged care facilities
  • Applying for government benefits or entitlements
  • Resolving disputes within families over financial or care arrangements

Local Laws Overview

In Australia, the legal framework surrounding Elder Law is based on state and territory legislation, as well as federal laws. Some key aspects of local laws that are particularly relevant to Elder Law include:

  • Guardianship and administration laws
  • Enduring powers of attorney
  • Aged care regulations and accreditation standards
  • Retirement village legislation
  • Estate and succession laws

Frequently Asked Questions

Can I contest a will if I believe I have been unfairly treated?

Yes, you can contest a will if you believe you have been unfairly treated. It is advisable to seek legal advice to understand your rights and options in this situation.

What is the difference between a will and an enduring power of attorney?

A will is a legal document that outlines how your assets should be distributed after your death, while an enduring power of attorney appoints someone to make financial or personal decisions on your behalf if you become unable to do so yourself.

What are my rights as a resident of a retirement village?

Residents of retirement villages have certain rights and protections under state legislation, such as the right to fair contracts, access to dispute resolution mechanisms, and the right to live in a safe and secure environment.

How can I protect my assets and plan for future care needs?

It is important to seek legal advice to discuss strategies for protecting your assets and planning for future care needs, such as setting up a trust, creating an advance care directive, or arranging appropriate insurance coverage.

What government benefits and entitlements am I eligible for as a senior citizen?

As a senior citizen, you may be eligible for a range of government benefits and entitlements, such as the Age Pension, Commonwealth Seniors Health Card, and concessions on utilities and transport. It is recommended to consult with a lawyer or financial advisor to explore your options.

How can I ensure my wishes are respected in the event that I become incapacitated?

You can appoint a trusted person as your enduring power of attorney to make decisions on your behalf if you become incapacitated. It is crucial to discuss your wishes with your attorney and ensure your legal documents are up to date.

What is the process for applying for guardianship or administration for a loved one?

If a loved one is unable to make decisions for themselves due to incapacity, you may need to apply for guardianship or administration through the relevant state or territory tribunal. Legal advice is recommended to navigate this process and ensure the best interests of your loved one are protected.

Can I be held responsible for my parent's aged care fees?

While you are not automatically responsible for your parent's aged care fees, there are circumstances where you may be asked to contribute based on their financial situation. It is advisable to seek legal advice to understand your obligations and explore your options.

What are the legal requirements for setting up a retirement village contract?

Retirement village contracts are governed by state legislation, which sets out specific requirements regarding disclosures, fees, dispute resolution mechanisms, and termination rights. It is essential to seek legal advice before signing any contract to ensure your rights are protected.

How can I ensure my assets are distributed according to my wishes after my death?

To ensure your assets are distributed according to your wishes after your death, it is essential to have a valid and up-to-date will in place. Consulting with a lawyer specializing in Elder Law can help you draft a comprehensive estate plan that reflects your intentions and minimizes the risk of disputes among your loved ones.

Additional Resources

For additional information and support related to Elder Law in Australia, you may find the following resources helpful:

  • Seniors Rights Service - a community legal center that provides free legal advice and advocacy for older people
  • Australian Guardianship and Administration Council - an organization that promotes best practice in guardianship and administration across Australia
  • Department of Social Services - the government department responsible for aged care and senior citizens' welfare programs

Next Steps

If you require legal assistance in Elder Law, the first step is to consult with a qualified lawyer specializing in this area. They can provide personalized advice tailored to your specific circumstances and help you navigate the legal complexities of aging-related issues. Don't hesitate to reach out for assistance and protect your rights as you plan for the future.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.