Best Elder Law Lawyers in Australia

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Patrick Liptak
Adelaide, Australia

Founded in 2001
2 people in their team
English
Patrick LiptakPrincipal LawyerPatrick has been in practice since 1997.He has a comprehensive background in all aspects of the law.His litigation expertise is extensive appearing on behalf of individuals and sporting organisations.Patrick provides quality legal advice with a view to resolving...
Armstrong Lawyers Pty Ltd
Melbourne, Australia

Founded in 2000
4 people in their team
English
About usArmstrong Lawyers, based in Melbourne, provides a high level of service throughout Australia for businesses and individuals. The company is highly experienced in commercial litigation, agreements, employment, industrial relations, business buying and selling, franchising, and property...
Johnston Withers
Adelaide, Australia

Founded in 1946
200 people in their team
English
Overview Founded over 70 years ago, Johnston Withers is a progressive and professional law firm. We combine our history, extensive experience, commitment to justice to deliver value across all your legal needs. Proudly South Australian with offices situated in the CBD and regional South...
Matthew Verney Lawyers
Devonport, Australia

Founded in 1994
21 people in their team
English
about .Litigation (both commercial and civil), commercial law, family law, criminal law, conveyancing, wills & estates.In practising in those areas, we work hard to build a constructive and professional solicitor / client relationship, and always focus on furthering the clientsโ€™ best...
WMM Law
Hobart, Australia

Founded in 2018
9 people in their team
English
WMM Law Hobart, a high quality provider of expert advice and solutions to private clients.  Voted one of the top 35 Boutique Law Firms in Australia 2021 by publication Australasian Lawyer, and listed as one of the Leading Wills & Estates Litigation Law Firms in Tasmania 2021 in Doyleโ€™s...
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...
Surge Legal
Baulkham Hills, Australia

Founded in 2000
10 people in their team
English
OUR DIFFERENCE MAKES US SPECIAL At Surge Legal we aim to do better than the rest and to provide greater affordability and accessibility of legal services through a more personal and progressive service delivery. We make your success and accomplishment our absolute main focus. Our culture...
Jameson Law
Parramatta, Australia

Founded in 2000
50 people in their team
English
About us โ˜‘ Personal injury โ˜‘ Immigration Law  โ˜‘ Criminal Law โ˜‘ Traffic Law โ˜‘ Wills and Estate โ˜‘ Commercial โ˜‘ Civil โœ… Best Personal Injury lawyer Sydney Our knowledge and experience means we can claim via more avenues and always claim the...
Dwyer Durack Lawyers
Perth, Australia

Founded in 1915
50 people in their team
English
Providing timely and practical legal advice to Perth locals and Western Australians since 1915.Dwyer Durack retains a long-standing reputation as one of Western Australiaโ€™s most progressive and respected law firms. Since January 1915, our team of Perth based lawyers have provided a wide...
Etheringtons Solicitors
Sydney, Australia

Founded in 1989
4 people in their team
English
Etheringtons Solicitors is a legal firm based in the heart of North Sydney. We have been servicing the North Shore community for over 30 years, providing expert advice, which is cost effective and solution oriented.We put your best interests at the core of all we do. This means we ensure you know...
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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.