Best Elder Law Lawyers in Australia

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Berck Solicitors
Brisbane, Australia

Founded in 1992
10 people in their team
English
Welcome to Berck SolicitorsOur mission is to provide you with prompt and easy to understand legal advice to reduce the emotional and financial stress that often comes with Family Law disputes. We guarantee you professionalism and integrity at a very competitive rate.With our 30 year reputation in...

Founded in 2011
2 people in their team
English
Elena’s focus is to find a solution to your legal issue avoiding the need for unnecessary cost, stress or lengthy litigation. With that in mind, Elena established Adelaide Legal Solutions in 2011.Elena was trained by one of the leading criminal lawyers in South Australia. During that time, she...
NEVETT FORD MELBOURNE PTY LTD
Melbourne, Australia

Founded in 1850
40 people in their team
English
Chinese
About us Nevett Ford is a full services law firm and a member of Law Australasia, a coalition of 19 law firms with affiliated offices throughout Australia.Our client relationships are the heart of our business and our priority is to foster a collaborative approach to ensure the advice and...
Havilah Legal
Maylands, Australia

Founded in 1998
10 people in their team
English
About Havilah LegalFamily, Succession, Business & Litigation LawyersOur lawyers operate across a range of areas. These include Family Law and Deceased Estates and Inheritance, and Business Succession Planning, Litigation and Disputes. Our focus is on providing you, with reliable and strategic...
Adelaide Legal Solution
Adelaide, Australia

Founded in 2011
25 people in their team
English
AboutElena’s focus is to find a solution to your legal issue avoiding the need for unnecessary cost, stress or lengthy litigation. With that in mind, in 2011, Elena established Adelaide Legal Solutions.Elena was trained by one of the leading criminal lawyers in South Australia. During that time,...
Anvil Legal
Perth, Australia

Founded in 2012
10 people in their team
English
HISTORYMy name is Brett Owen & I am the founder and Principal Lawyer here at Anvil Legal.To give you an idea of why we focus on workers’ compensation claims here at Anvil Legal it’s probably best to give you a bit of an idea as to my background (I have also been hassled by my IT guys for...
City Lawyers & Consultants
Chatswood, Australia

Founded in 2001
10 people in their team
English
About Us We are a Sydney based law firm providing service to clients across NSW. Our senior lawyers have knowledge and expertise to resolve claims cost effectively so our clients could receive substantial payouts.We achieve bigger compensation amounts for our clients because the claims in our...
Nigams Legal
Perth, Australia

Founded in 2011
3 people in their team
English
Nigams Legal are dedicated to obtaining the best results for youNigams Legal is comprised of a team of professional lawyers who provide a range of expert legal services to clients through Western Australia. With more than 55 years of combined experience in the profession, we have built up a...
MJM Lawyers

MJM Lawyers

30 minutes Free Consultation
Sydney, Australia

Founded in 2016
9 people in their team
English
We help resolve any issue, problem or dispute in relation to a will or a deceased estate, so you can move on to the next stage of your life as quickly as possible.At MJM Lawyers, we only offer services in Wills and Estates Law in NSW, we are experts who are uniquely qualified and experienced to...
Smart Legal
Loganholme, Australia

Founded in 2004
50 people in their team
English
The Smart Legal StoryWith over 40 years’ experience, between our office, Smart Legal is a boutique law firm specialising in a wide range of general practice matters.We service the thriving area of Brisbane, Logan and the Gold Coast in all matters including:• General Legal Advice• Wills and...
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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.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.