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Elder Law is a specialised area of legal practice that focuses on the needs of senior citizens and their families. It encompasses the legal, financial, and health matters that often arise with ageing. In Box Hill, Australia, Elder Law is an increasingly significant area of law due to the growing ageing population. It includes topics like estate planning, wills and trusts, powers of attorney, aged care planning, and safeguarding from elder abuse and fraud.
Engaging a lawyer experienced in Elder Law is important in several instances. These include the development of an estate plan, creation of wills and trusts, setting up powers of attorney and healthcare directives, dealing with superannuation, insurance, and tax matters. Moreover, you might need legal help if you or a loved one is entering aged care, addressing elder abuse issues, or handling disputes over estate matters. A lawyer can ensure that your rights are protected, and your wishes are respected.
The framework of Elder Law in Box Hill, Australia is governed by both federal and state law. Key aspects include the 'Age Discrimination Act 2004' that makes discrimination based on age unlawful. The 'Guardianship and Administration Act 1986' offers the legal framework for appointing a person to make decisions for someone who can't make their own. The 'Power of Attorney Act 2014' outlines the creation and use of Powers of Attorney in Victoria. The 'Wills Act 1997' governs the making of wills and the 'Trustee Act 1958' oversees the management and distribution of estates.
Elder abuse is any act causing harm to an older person, performed by someone known to the person. It can be physical, emotional, financial or neglect. Legal assistance can help protect the elders from such situations and seek restitution.
A Power of Attorney is a legal document that allows a person to appoint someone else to make decisions on their behalf should they become unable to do so. It's important for future planning and preserving your interests.
Yes, you can change your will at any time as long as you are mentally capable to understand the nature and effect of a will. This can be done by creating a new will or by making a codicil to an existing will.
Estate planning involves organising your assets, liabilities, and personal affairs. It includes preparing for end-of-life scenarios, specifying your wishes, and ensuring your assets are distributed according to your wishes.
Discuss your estate planning needs, questions regarding wills, trusts, powers of attorney, health directives, aged care planning and how to protect your rights and interests. It’s also vital to talk about any concerns related to elder abuse or disputes over estate matters.
Resources that may be useful for those seeking legal advice regarding Elder Law include the Public Advocate in Victoria, Senior Rights Victoria, and the Australian Law Reform Commission. They provide guidance and offer reports on different aspects related to elder law. Also, Legal Aid Victoria and Community Legal Services can be great resources for legal assistance.
If you need legal assistance in Elder Law, the first step is to seek a consultation with a lawyer specialising in this area. Prepare the necessary personal documents, like your will, estate planning documents, agreements, etc. Finally, discuss your situation and concerns to determine the most appropriate legal action to take.
